BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090006723
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) to show the date he entered active duty as 19 August 1965 instead of 19 August 1968.
2. The applicant states that the incorrect year of entry appears to be a typographical error.
3. The applicant provides a copy of his DD Form 214, dated 16 August 1968, in support of his request.
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 records show he enlisted in the Regular Army for a period of 3 years on 19 August 1965. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He was honorably separated on 16 August 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.
3. The DD Form 214 he was issued shows he completed 2 years, 11 months, and 28 days of active military service. Item 17c (Date of Entry) of his DD Form 214 shows he entered active duty on 19 August 1968 and Item 11d (Effective Date) shows he was separated on 16 August 1968.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that Item 11d shows the date the Soldiers separation was accomplished. Item 17c (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the correct date of entry on active duty.
2. The evidence of records shows the applicant enlisted in the Regular Army for a period of 3 years on 19 August 1965 and he was discharged on 16 August 1968. He completed 2 years, 11 months, and 28 days of active military service. It appears his DD Form 214 incorrectly shows his year of entry as 1968 instead of 1965.
3. Therefore, the applicant's DD Form 214 should be corrected to show the correct year of entry.
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 deleting the entry "19 August 1968" from Item 17c of his DD Form 214 and adding the entry "19 August 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) AR20090006723
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ABCMR Record of Proceedings (cont) AR20090006723
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