IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080013095
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 the date he entered active duty be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that Item 17c (Date of Entry) of his DD Form 214 incorrectly shows that he enlisted in the Regular Army on 17 January 1973, which was the date his Reserve obligation ended.
3. The applicant provides no additional documents 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 military records show that he enlisted in the Regular Army on
17 January 1967 for 3 years. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Field Wireman). The highest grade he held was Specialist Four (SP4)/E-4.
3. Item 16 (Terminal Date of Reserve/Universal Military Training & Service Obligation) of the applicant's DD Form 214 shows his service obligation date as 16 January 1973.
4. Item 17c (Date of Entry) of the applicant's DD Form 214 shows that he enlisted in the Regular Army on 17 January 1973.
5. Item 11d (Effective Date) of the applicant's same DD Form 214 shows that he was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 20 December 1969. He was credited with 2 years, 11 months, and 4 days of total active service.
6. Item 8 (Date Enlisted) of the applicant's DD form 4 (Enlistment Record Armed Forces of the United States), shows that he enlisted in the Regular Army on 17 January 1967.
7. Special Orders Number 011, Headquarters, Armed Forces Examining and Entrance Station, Syracuse, New York, dated 17 January 1967, show that the applicant's enlistment date was 17 January 1967.
8. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that in Item 17c, enter the date the service member entered on active duty or the date the enlistment was accomplished.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the date he entered active duty this period shown in Item 17c of his DD Form 214 should be 17 January 1967.
2. Evidence of record shows that the applicant enlisted in the Regular Army on
17 January 1967 and served until he was released from active duty on
20 December 1969. Therefore, Item 17c his DD Form 214 dated 20 December 1969 should be corrected to show that the date he entered active duty was
17 January 1967.
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 should be corrected by:
a. deleting from Item 17c the entry 17 January 1973; and
b. replacing Item 17c with the entry 17 January 1967.
____________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) AR20080013095
2
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