IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080015549
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 his beginning date in item 17c (Date of Entry) of his separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 8 June 1965 instead of 8 June 1967.
2. The applicant states that he did not receive his papers from Fort Jackson, South Carolina, and from the Air Force in Lime Stone, Maine. He states that he just noticed the error at the Veterans Affairs office in Cincinnati, Ohio, on 29 August 2008. He states that his beginning date of service is incorrect.
3. The applicant provides a copy of his DD Form 214 for the period ending 7 June 1967.
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 personnel record shows he was inducted into the Army of the United States on 8 June 1965. He completed the necessary training and was awarded the military occupational specialty 72B (Communications Center Specialist).
3. He served continuously until he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri. Special Order Number 86 dated 25 May 1967 shows that the applicant was released from active duty on 7 June 1967.
4. The applicant's DD Form 214 in item 11d (effective date) of separation shows the entry "7 Jun 67."
5. The applicant's DD Form 214 in item 17c shows the entry "8 Jun 67." However, his record of induction confirmed that he was inducted into the Army of the United States on 8 June 1965.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that you enter the date entered on active duty or date of enlistment or reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 17c of his DD Form 214 should be corrected to show 8 June 1965 instead of 8 June 1967.
2. Evidence of record shows that the applicant was inducted into the Army of the United States on 8 June 1965. Therefore, he is entitled to correction of his record to show 8 June 1965 in item 17c of his DD Form 214.
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 showing in item 17c of the applicant's DD Form 214 that his date of entry on active duty was 8 June 1965.
___________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) AR20080015549
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ABCMR Record of Proceedings (cont) AR20080015549
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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