IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080012193
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 that Item 10c (Date Inducted) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 19 February 1969.
2. The applicant states, in effect, that he was inducted on 19 February 1969 and that he served for 2 years in the Army.
3. The applicant provides a copy of his DD Form 214.
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. A review of the applicants DD Form 47 (Record of Induction) shows that he was inducted on 20 February 1969. His DA Form 20 (Enlisted Qualification Record) shows that his basic active service date was 20 February 1969.
3. Item 10c of the applicant's DD Form 214 shows he was inducted on
20 February "1971." This is an administrative error. Item 11d (Effective Date) shows that he was discharged on 24 February 1971; this is the correct date of his discharge. He served for a period of 2 years. He had 5 days of lost time from
15 19 December 1969.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted on 20 February 1969.
2. The applicant's DD Form 214 incorrectly shows he was inducted on
20 February "1971." Therefore, his record should be corrected as directed below.
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 changing Item 10c of his DD Form 214 to show 20 February "1969."
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 changing Item 10c to
19 February 1969.
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) AR20080012193
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ABCMR Record of Proceedings (cont) AR20080012193
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