IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080008010
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 the date of entry in Item 17c (Date of Entry) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 March 1969 be changed to read 6 March 1966 instead of 15 November 1966.
2. The applicant states, in effect, the date of entry on his DD Form 214 is incorrect.
3. The applicant provides a copy of his DD Form 214 with an effective date of
6 March 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 enlistment contract executed in 1966 was not available for review.
3. On a 4RD Form 41 (Acknowledgment of Service Obligation under UMT&S Act [Universal Military Training and Service Act] as Amended by Reserve Forces Act of 1955 and REP 63 Program [Reserve Enlistment Program 1963]), dated
15 March 1966 and signed by the applicant, he acknowledged that he had voluntarily enlisted on 15 March 1966 for a period of 3 years in the Regular Army.
4. Headquarters, U.S. Army Reception Station, Fort Polk, Louisiana Special Orders Number 58, dated 18 March 1966, lists the applicant and identifies him with an ETS (expiration of term of service) of 14 March 1969, a BPED (Basic Pay Entry Date) of 15 March 1966, and an ADC (active duty commitment) of
36 months. Additional orders in his military personnel records jacket (MPRJ) identify the applicant with the same ETS, BPED, and ADC.
5. Headquarters, U.S. Army Engineer Center and Fort Belvoir, Fort Belvoir, Virginia Special Orders Number 66, dated 19 March 1968 lists the applicant and identifies him with a basic active service dated (BASD) of 15 March 1966, a BPED of 15 March 1966, and an ETS of 14 March 1969. Additional orders in his MPRJ identify the applicant with the same BASD, BPED, and ETS.
6. On 6 March 1969, the applicant was released from active duty by reason of being an overseas returnee. Item 17c of his DD Form 214 contains the entry
"15 Nov 66" (15 November 1966). Item 22a(1) (Net Service This Period) contains the entry "2 11 22" (2 years, 11 months, and 22 days). Item 26a (Non-Pay Periods Time Lost) contains the entry "NONE."
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation, in pertinent part, stated that the date entered on active duty or date enlistment or reenlistment was accomplished would be entered in Item 17c of the Soldier's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the date of entry on his DD Form 214 should be
6 March 1966.
2. The applicant signed a document acknowledging he had enlisted in the Regular Army on 15 March 1966 for 3 years.
3. The applicant's military personnel record contains orders that identify him with an ADC of 36 months and an ETS of 14 March 1969. This indicates that his date of entry would have been 15 March 1966.
4. The applicant's military personnel record also contains orders that identify him with a BASD of 15 March 1966.
5. The applicant's DD Form 214 shows he completed 2 years, 11 months, and 22 days of active service. Subtracting this service from his date of release from active duty, 6 March 1969, provides the date 15 March 1966.
6. In view of the above, although the applicant's actual enlistment contract is unavailable, it is clear that the applicant entered active service on 15 March 1966. Therefore, Item 17c of his DD Form 214 should be amended to show his date of entry as 15 March 1966.
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 amending Item 17c of his DD Form 214 to show his date of entry as 15 March 1966.
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 showing 6 March 1966 as his date of entry.
_______ _ 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) AR20080008010
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008010
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003085469C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The specific instructions contained in the regulation in effect at the time of the applicant’s discharge specified that the entry in Item 17c (Date of Entry) would be the date the member entered active duty.
ARMY | BCMR | CY2008 | 20080019946
The applicant requests, in effect, that his date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he entered active duty on 17 July 1968 rather than 18 July 1968. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he entered his initial enlistment in the Regular Army on 18 July 1968 for a period of three years. Evidence of record shows the applicant enlisted on 18 July 1968 and...
ARMY | BCMR | CY2015 | 20150000351
IN THE CASE OF: BOARD DATE: 4 August 2015 DOCKET NUMBER: AR20150000351 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active duty on 1 December 1965, vice 1 December 1955. The applicant's military record contains the following documents: a. DD Form 4 (Enlistment Record - Armed Forces of the United States) showing he...
ARMY | BCMR | CY2004 | 2004104881C070208
The applicant requests, in effect, correction of Item 17c (Date of Entry) of his separation document (DD Form 214). A Record of Induction (DD Form 47) on file in the applicant’s Military Personnel Records Jacket (MPRJ) confirms in Item 22a (Date of Induction) that he was inducted and entered active duty on 22 September 1966. The evidence of record confirms the applicant was inducted into the Army and entered active duty on 22 September 1966.
ARMY | BCMR | CY2007 | 20070012186C080407
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 214 issued to the applicant on 30 June 1968, the date of his retirement, confirms in Item 22 that the applicant completed 1 year, 6 months and 20 days of active duty service during the period covered by the DD Form 214 (11 December 1966-30 June 1968), 20 years and 28 days of prior active service and a total of 21 years, 7 months and 18 days of...
ARMY | BCMR | CY2013 | 20130010808
The applicant requests his date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 October 1968. This regulation stated that the date entered on active duty or the date of enlistment or reenlistment was accomplished would be entered in Item 17c of the Soldier's DD Form 214. Item 17c of his DD Form 214 with an effective date of 7 October 1968 is clearly in error.
ARMY | BCMR | CY1995 | 9508082C070209
APPLICANT REQUESTS: In effect, correction of his records to show that he was commissioned as a USAR officer on 13 May 1980 with appropriate constructive service credit and changes to his basic pay entry date (BPED) and basic active service date (BASD). His request was approved on 13 June 1983. The applicant has submitted no evidence to refute the accuracy of either the constructive service credit or his service dates.
ARMY | BCMR | CY2010 | 20100018927
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his enlistment date as 12 July 1968 instead of 12 July 1969. The preponderance of evidence shows he entered active duty on 12 July 1968; however, his DD Form 214 shows he entered active duty on 12 July 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 17c of his DD Form...
ARMY | BCMR | CY1995 | 9510096C070209
APPLICANT REQUESTS: That his records be corrected to show that his Basic Active Service Date (BASD) is 8 June 1977. APPLICANT STATES: In effect, that he initially entered onto active duty in the Regular Army on 8 June 1977 and it should never change. EVIDENCE OF RECORD: The applicant's military records show: During the period 5 June 1977-9 September 1983 (6 years, 3 months and 5 days), the applicant served in the Regular Army (RA), as a Medical Service Corps officer.
ARMY | BCMR | CY1995 | 9511837C070209
The applicant requests correction of his military records to reflect his proper basic active service date (BASD), basic pay entry date (BPED), and the correct effective date of his promotion to the pay grade of E-4 with entitlement to all back pay and allowances. The EREC also recommended that the effective date of the applicants promotion to the pay grade of E-4 also should be changed to 26 September 1995. That the effective date of the applicants promotion to the pay grade of E-4 be...