IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080004609
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 correction of the date he entered military service from 3 August 1966 to 1 August 1966.
2. The applicant states, in effect, that the date he entered military service is incorrect.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Discharge or Transfer), dated 5 April 1969 in support of his application.
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 records show he enlisted in Regular Army for a period of 3 years on 3 August 1966. Item 41 (Oath of Enlistment) of the applicant's DD Form 4 (Enlistment Record-Armed Forces of the United States) shows the applicant authenticated this form by placing his signature, in the appropriate place, acknowledging that he voluntarily enlisted in the Regular Army for a period of 3 years, in Jacksonville, Florida, on 3 August 1966.
3. The applicant's records further show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Wireman). The highest rank he attained during this period of military service was specialist 5 (SP5)/E-5. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on
5 April 1969.
4. Item 16c (Date of Entry) of the applicant's DD Form 214 shows the entry "3 AUG 66" and Item 11d (Effective Date) shows the entry "5 APR 69."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The version of this regulation, in effect at the time, stated that Item 16c shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued, and Item 11d shows the effective date of separation, discharge, or retirement.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted for a period of 3 years on 3 August 1966 and was honorably released from active duty on 5 April 1969. These dates are consistent with the applicant's enlistment contract and separation orders. There is no evidence that the applicant enlisted, was administered an oath of enlistment, or entered military service prior to 3 August 1966.
2. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, the applicant is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
______________________
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) AR20080004609
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ABCMR Record of Proceedings (cont) AR20080004609
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