IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080002860
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form
214) be corrected to reflect the date of entry as 7 July 1966 and effective date of separation as 23 November 1966.
2. The applicant states that Item 11d (Effective Date) of his DD Form 214 should be 23 November 1966 and Item 19c (Date of Entry) of his DD Form 214 should be, 7 July 1966. He states that without a complete DD Form 214 he is unable to apply for benefits.
3. The applicant provides a copy of his DD Form 214; Headquarters, XIV United States Army Corps, Letter Orders "USAR" Number 1338, dated 7 July
1966; Department of the Army, Headquarters, United States Army Reception Station, Letter Orders Number 07-21, dated 12 July 1966; and Department of the Army Certificate of Training for Advanced Individual Training (AIT).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel record shows he enlisted in the U.S. Army Reserve on 21 November 1965 and ordered to active duty for training on 8 July 1966.
3. He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
4. Item 11d, effective date of his DD Form 214, date of discharge, contains no entry.
5. Item 19c, date of entry of his DD Form 214, also contains no entry.
6. Department of the Army, Headquarters, United States Army Reception Station, Letter Orders Number 07-21, dated 12 July 1966, shows that the applicant entered active duty for training (ACDUTRA) on 8 July 1966. His Certificate of Training shows that he successfully completed AIT for MOS
11B1O, Infantry, on 23 November 1966.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter for individuals on ACDUTRA the date of entry on active duty in Item 19c. This same regulation stated that you enter the date that separation was accomplished in Item 11d.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected, because it does not reflect the date of entry as 7 July 1966 and date of separation as
23 November 1966.
2. The evidence shows that the applicant was ordered to active duty for training on 8 July 1966 and he successfully completed all of the necessary training on
23 November 1966. Therefore, he is entitled to correction of his records to show 8 July 1966 in Item 19c, date of entry and 23 November 1966 in Item 11d, date of separation on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing 8 July 1966 in Item 19c, date of entry and 23 November 1966 in Item 11d, date of separation of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the date of entry to 7 July 1966.
_ ___X____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002860
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