IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090002111
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) for his period of service ending
7 October 1970, to show his date of entry as 20 October 1966.
2. The applicant states that he discovered this error when reporting his military service to his employer for retirement purposes.
3. The applicant provides, in support of his application, a copy of his DD Form 214 for his period of service ending 7 October 1970.
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. A DD Form 47 (Record of Induction) shows that in Atlanta, Georgia, on
19 October 1966, the applicant was inducted into the Army of the United States and ordered to report to the reception station, Fort Benning, Georgia, on that same day.
3. A DA Form 20 (enlisted Qualification Record) shows that effective 19 October 1966, the applicant was assigned for duty in the Army of the United States for a 2-year period of service. He was immediately assigned for training. He completed his basic combat training, advanced individual training, and was then enrolled in the Officer Candidate Course.
4. On 23 October 1967, the applicant was discharged for the purpose of accepting a commission as an officer in the United States Army Reserve with an immediate call to active duty.
5. The applicant's DD Form 214 for his period of service ending 23 October 1967 shows:
a. in Item 10c (Date Inducted) 19 October 1966;
b. in Item 17 (Current Active Service Other Than by induction) NA;
c. in Item 22 (Statement of Service) 1 year and 5 days of active enlisted service.
6. On 24 October 1967, the applicant entered active duty as a commissioned officer in the rank of second lieutenant, pay grade O-1. He was promoted to the rank of captain, pay grade O-3 on 24 October 1969.
7. On 7 October 1970, the applicant was released from active duty and transferred to the United States Amy Reserve Control Group (Annual Training)
8. The applicant's DD Form 214 for his period of service ending 7 October 1970, as corrected by a DD Form 215 (Correction to DD Form 214) shows:
a. in Item 10c (Date Inducted) NA;
b. in Item 17a (Source of Entry) Commissioned;
c. in Item 17c (Date of Entry) 24 October 1967;
d. in Item 22a (1) (Net Service This Period) 2 years, 11 months and 14 days;
e. in Item 22a (2) (Other Service) 1 year and 5 days;
f. in Item 22b (Total Active Service) 3 years, 11 months and 19 days.
9. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that the DD Form 214 would be provided each member of the Reserve Components and to the Army of the United States without component, who were ordered to active duty for a period of 90 days or more. A DD Form 214 would also be issued when the individual incurred a change of status. Item 10c was applicable only to individuals who were inducted as opposed to enlisted. Item 17, parts a, b, and c applied to current active service other than by induction.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD form 214 for the period ending 7 October 1970 should be corrected to show in Item 17c 20 October 1966, the date he believes to be when he first entered active duty as an enlisted Soldier.
2. The evidence of record clearly shows that the applicant was inducted on 19 October 1966 and was subsequently discharged on 23 October 1967 for the purpose of accepting a commission effective 24 October 1967. The applicant was issued a DD Form 214 for this period of service. A copy of this DD Form 214 will be provided to the applicant.
3. The evidence of record clearly shows that the applicant entered active duty as a commissioned officer on 24 October 1967 and was subsequently released from active duty effective 7 October 1970. The applicant was issued a DD Form 214 for this period of service. This SDD Form 214, as previously corrected, properly reflects all of his active duty service. Even so, it is recommended that he maintain copies of both of his DD Forms 214 to prevent any confusion or misunderstanding.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____x___ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090002111
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