IN THE CASE OF: .
BOARD DATE: 23 APRIL 2009
DOCKET NUMBER: AR20080018851
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 of entry on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 6 March 1965.
2. The applicant states that his DD Form 214 incorrectly lists his date of entry as 6 March 1967 instead of 6 March 1965. He maintains that he served 2 years on active duty and was transferred to the Reserve after his expiration of active duty commitment.
3. The applicant provides a copy of his DD Form 214, appointment orders, port call instructions, several orders, and numerous DA Forms 2139 (Military Pay Voucher).
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 applicants DD Form 214, Item 17c, shows that he was ordered to active duty from the United States Army Reserve (USAR) on 6 March 1967. Item 22, "Statement of Service" shows that he was credited with 2 years of "Net Service This Period" and 8 months and 28 days of "Other Service" for a total of 2 years,
8 months, and 28 days. He was honorably released to the USAR on 5 March 1967.
3. On 8 June 1964, the applicant was appointed as a second lieutenant in the USAR.
4. The applicant's pay voucher dated 23 February 1967 shows the date he entered active duty (EAD) as 6 March 1965.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that effective 6 March 1965, the applicant was a student officer at the Engineer Basic Officer Course at Fort Belvoir, Virginia.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 41 requires the preparer to enter in item 17c the date of entry on current tour from the
DA Form 66.
DISCUSSION AND CONCLUSIONS:
It is obvious that an error exist on the applicant's DD Form 214 because he could not be released from active duty prior to the date he entered. The applicant's pay voucher, as well as his DA Form 2-1, verifies his date of entry on active duty should be listed as 6 March 1965. This date coincides with the 2 years,
8 months and 28 days of total service and his appointment date as a second lieutenant in the USAR. In view of these facts, the applicant is entitled to correction 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 his date of entry in item 17c on his DD Form 214 as 6 March 1965.
_______ _ _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) AR20080018851
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