IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080015034
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct date of entry into active duty.
2. The applicant states, in effect, the date of entry is after the date of separation.
3. The applicant provides a DD Form 214 and U.S. Army Reserve (USAR) discharge orders, dated 19 March 1974, in support of this 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 enlisted in the USAR on 13 April 1968 and trained as a helicopter repairman. He was honorably discharged from the USAR on 31 March 1974.
3. Headquarters, Fifth United States Army, Fort Sheridan, Illinois, Orders Number 10-6690, dated 22 October 1968, show the applicant was ordered to active duty for training (ACDUTRA) with a reporting date no later than
29 November 1968.
4. A DD Form 220 (Active Duty Report), dated 2 December 1968, shows the applicant's date of entry on ACDUTRA as 28 November 1968.
5. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he reported to ACDUTRA on 28 November 1968.
6. Block 11d (Effective Date) of the applicant's DD Form 214 shows the entry "23 May 69."
7. Block 17c (Date of Entry) of the applicant's DD Form 214 shows the entry "29 Nov 69."
8. The applicant provided discharge orders which show he was honorably discharged from the USAR effective 31 March 1974.
9. Army Regulation 635-5 (Separation Documents) prescribes the policy for separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the correct date of entry into active duty has been carefully reviewed and found to have merit.
2. It is evident there is an error in the applicant's DD Form 214. The applicant's DA Form 20 and DD Form 220 clearly show he entered ACDUTRA on
28 November 1968. Therefore, it would appropriate to amend the applicant's
DD Form 214 by correcting the entry in block 17c to show the entry "28 Nov 68."
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 amending block 17c of his DD Form 214 to show the entry "28 Nov 68."
_______ _ _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) AR20080015034
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ABCMR Record of Proceedings (cont) AR20080015034
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