IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090002392
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 that his date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1971 to show 30 September 1968.
2. The applicant states, in effect, that he entered active duty on 30 September 1968 and served continuously until he was released from active duty on 29 September 1971, a period of 3 years, which brought his total active service to 3 years, 0 months, and 5 days.
3. The applicant provides a copy of his DD Form 214 in support of his case.
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. Armed Forces Examining and Entrance Station, Raleigh, North Carolina, Special Orders Number 188, dated 25 September 1968 show the applicant was inducted into the Army of the United States on 25 September 1968 in the rank of private/pay grade E-1.
3. Headquarters, U.S. Army Reception Station, Fort Bragg, North Carolina, Special Orders Number 194, dated 30 September 1968, show the applicant was discharged from the Army of the United States for the purpose of enlistment in the Regular Army with an effective date of change of strength accountability of 29 September 1968.
4. The applicant's DD Form 214 covering the period of 25 September 1968 through 29 September 1968 shows he served a total of 5 days of active service in the Army of the United States prior to being discharged for the purpose of enlisting in the Regular Army.
5. The applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 30 September 1968 for a period of 3 years. This form also shows the applicant took an oath of enlistment on 30 September 1968 and that his enlistment was confirmed by a commissioned officer on 30 September 1968. This form is authenticated via the applicant's initials, his signature, and his fingerprints.
6. A review of documents contained in the applicant's military personnel record shows that his date of enlistment consistently appears as 30 September 1968.
7. Item 17c (Date of Entry) of the applicant's DD Form 214 for the period ending 29 September 1971 shows that he entered active duty on 30 September 1970. Item 22a(1) shows his net active service for the period covered by this form was 3 years, 0 months, and 0 days. Item 22a(2) shows his net active service for a previous period was 0 years, 0 months, and 5 days. Item 22 shows the applicant's combined total net active service was 3 years, 0 months, and 5 days.
8. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. In pertinent part, it stated that the date of enlistment or reenlistnemt would be entered in item 17c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 29 September 1971 should be corrected to show his date of entry as 30 September 1968 was carefully considered and determined to have merit.
2. The evidence shows the applicant enlisted in the Regular Army and entered active duty on 30 September 1968.
3. The evidence shows that the applicant was issued a DD Form 214 for the period ending 29 September 1971 on which his date of entry erroneously appears as 30 September 1970. Contemporaneous policy prescribed inclusion of the separating service member's date of enlistment on the DD Form 214; therefore, the applicant is entitled to have his date of entry correctly shown as 30 September 1968.
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 the applicant be issued an appropriate document showing that his date of entry should have appeared as "30 September 1968" on his DD Form 214 for the period ending 29 September 1971.
____________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) AR20090002392
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ABCMR Record of Proceedings (cont) AR20090002392
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