IN THE CASE OF:	  

		BOARD DATE:	        4 November 2008

		DOCKET NUMBER:  AR20080012976 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year he was inducted as “1966” instead of “1968” and the State of his home of record as “Iowa" instead of "Nebraska." 

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors.  

3.  The applicant provides a copy of his DD Form 214, dated 23 May 1968, and a copy of his Honorable Discharge Certificate, dated 22 May 1972, 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 applicant’s 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 applicant’s 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 was inducted into the Army of the United States at the Armed Forces Examining and Entrance Station (now known as the Military Entrance Procession Station or (MEPS)), Omaha, Nebraska, on 22 May 1966.

3.  Item 3 (Home of Record) of his DD Form 47 (Record of Induction) shows the entry “Stratford, Hamilton County, Nebraska” and Item 3a (Current Address) shows the entry “Route 1, Box 105, Stratford, Iowa.”  

4.  The applicant’s records further show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Filed Artillery Crewman).  He served in the Republic of Vietnam from 12 January 1967 to 10 January 1968, attained the rank/grade of specialist five (SP5)/E-5, and was honorably separated and transferred to the U.S. Army Reserve Control group (Annual Training) on 22 May 1968.

5.  Item 10c (Date Inducted) of his DD Form 214 shows the entry "22 May 68," Item 20 (Place of Entry Into Current Active Service) shows the entry “Omaha, Nebraska,” and Item 21 (Home of Record at Time of Entry Into Active Service) shows the entry “Stratford, Hamilton, Iowa.”  Additionally, Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) shows the entry “Route 1, Stratford, Hamilton, Iowa 50249.”  

6.  The city of Stratford, Iowa, was founded in 1881, and is located in Hamilton County, Iowa, north of the city of Des Moines, Iowa, and bordering Webster County, Iowa.  There is no known city called “Stratford” in Nebraska.

7.  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.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 20 of the DD Form 214, in effect at the time, shows the city and state where the Soldier entered active duty and Item 21 shows the Soldier’s home of record (street, city, county, state, and zip code).  A Soldier’s initial record of induction, enlistment contract, or appointment document is the source for this data.  The street, county, city, state and ZIP code listed as the Soldier’s home of record. “Home of Record” is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s date of induction, the evidence of record clearly shows the applicant was inducted in 1966, not 1968 as shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the correct year of induction.

2.  With respect to the applicant’s home of record, again, the applicant hails from Stratford, Hamilton County, Iowa, not Nebraska.  It appears that his record of induction correctly identified the city as Stratford and the county as Hamilton, but incorrectly listed the State as Nebraska instead of Iowa.  Accordingly, when his DD Form 214 was submitted, the home of record listed on his record of induction was used to record his home of record on his DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the correct “State” home of record.

3.  Although the home of record is shown incorrectly on the applicant's record of induction (DD Form 47), this form is no longer active or accessible.  Therefore, no action is required with regards to this form.

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:

	a.  deleting the entry "1968" from Item 10c of the applicant's DD Form 214 and replacing it with the entry "1966"; and




	b.  deleting the entry "Nebraska" from Item 21 of the applicant's DD Form 214 and replacing it with the entry "Iowa."




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      _______ _   _______   ___
               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)                                         AR20080012976



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ABCMR Record of Proceedings (cont)                                         AR20080012976



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