IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080005591
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 item 17c (Date of Entry), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he entered active duty on "31 July 1967" instead of "31 July 1970."
2. The applicant states, in effect, that his date of entry on active duty is incorrect. His DD Form 214 shows that he was discharged one day before he entered active duty. He adds that he never noticed the error until he filed for VA (Department of Veterans Affairs) benefits.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the applicant's DD Form 214. His DD Form 214 shows that he entered active duty on 31 July 70 (sic 31 July 1967), for 3 years. He was released from active duty on 30 July 1970. He was transferred to the US Army Reserve with a Reserve obligation of 30 July 1973.
3. Item 17c, of the applicant's DD Form 214, shows the entry "31 Jul 70"
(31 July 1970), which is incorrect.
4. Item 22a(1) Net Service This Period), of his DD Form 214, shows the entry "3 0 0" (3 years) and item 22b (Total Active Service) shows the entry "3 0 0" (3 years). Item 16 (Terminal Date of Reserve Obligation UMT&S [Universal Military Training and Service] Obligation) shows the entry "30 Jul 73" (30 July 1973).
5. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 16 will be completed to show the termination date of the individual's Reserve Obligation by entering the day, month, and year as determined by the number of years the individual enlisted for in the United States Army Reserve.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty (REFRAD) on 30 July 1970. If he completed 3 years active duty before he was REFRAD, it is logical that he enlisted and entered active duty on 31 July 1967. The terminal date of his Reserve commitment was established at 30 July 1973. At the time of the applicant's service, an individual's UMTS obligation was 6 years. Subtracting 6 years from 30 July 1973 puts his enlistment entry date at 31 July 1967.
2. The evidence of record clearly shows that he completed 3 years of total active service. However, his current date of entry of 31 July 1970 is incorrect. An apparent error occurred in the preparation of his DD Form 214 at the time of his release from active duty. Therefore, he is entitled to correction of item 17c of his DD Form 214 to show the entry "31 Jul 67" instead of the entry "31 Jul 70."
BOARD VOTE:
___x____ __x_____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
showing the entry "31 Jul 67," in item 17c (Date of Entry) of his DD Form 214.
_______ _ _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) AR20080005591
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ABCMR Record of Proceedings (cont) AR20080005591
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