IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090005595
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 induction be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 December 1963 to show 7 December 1961.
2. The applicant states that he believes his DD Form 214 may have been altered with a handwritten entry at the Selective Service System (SSS) Board office.
3. The applicant provides copies of his DD Form 214, a letter from an SSS Local Board clerk, and an SSS Form 252 (Order to Report for Induction) 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. The applicant provides an SSS Form 252, dated 22 November 1961, which shows he was ordered for induction into the Armed Forces of the United States and to report to a Local Board Office on 6 December 1961 for forwarding to an Armed Forces Induction Station.
3. A DD Form 47 (Record of Induction), dated 7 December 1961, shows the applicant was inducted into the Army of the United States on 7 December 1961 at the Armed Forces Induction Station located in Atlanta, Georgia.
4. United States Army Recruiting Main Station, Atlanta, Georgia, Special Orders Number 243, dated 7 December 1961, show the applicant was inducted into the Army of the United States on 7 December 1961 in the rank of private (PVT)/pay grade E-1.
5. A thorough review of the documents contained in the applicant's military personnel record revealed that his date of induction consistently appears as 7 December 1961.
6. Item 16 (Date Inducted) of the applicant's DD Form 214 for the period ending 6 December 1963 indicates that he was inducted and entered active duty on 7 December 1963. Item 24b shows his total active service for the period covered by this form was 2 years.
7. The applicant provides an undated letter from a clerk for SSS Local Board Number 59, for Forsyth County located in Cumming, Georgia. In this letter, the clerk informed the applicant that the induction date shown on his DD Form 214 erroneously showed that he was relieved from active duty in 1961 rather than 1963. The applicant provides a copy of his DD Form 214 with a handwritten correction in Item 16.
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 induction would be entered in item 16 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 6 December 1963 should be corrected to show his date of induction as 7 December 1961 was carefully considered and determined to have merit.
2. The evidence clearly shows the applicant was inducted into the Army of the United States and entered active duty on 7 December 1961.
3. The evidence shows that the applicant was issued a DD Form 214 for the period ending 6 December 1963 on which his date of induction erroneously appears as 7 December 1963. Contemporaneous policy prescribed inclusion of the separating service member's date of induction on the DD Form 214; therefore, the applicant is entitled to have his date of induction correctly shown as 7 December 1961.
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 induction should have appeared as "7 Dec 61" on his DD Form 214 for the period ending 6 December 1963.
_______ _ 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) AR20090005595
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ABCMR Record of Proceedings (cont) AR20090005595
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