IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090009803 


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 entry date listed in item 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he entered military service in August 1966 vice 10 June 1964, as is currently shown.  

2.  The applicant states, in effect, that the entry and military service obligation (MSO) dates listed on his DD Form 214 are incorrect, and he is requesting they be corrected.  He claims he entered service in August 1966, and not in June 1964, as is currently shown on his DD Form 214. 

3.  The applicant provides a Congressional Inquiry in support of his application. 

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 applicant’s 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 applicant’s 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 record contains a DD Form 4 (Enlistment Record-Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) for a period of 4 years on 10 June 1966.  This document was signed by the applicant and an enlistment officer from the Pittsburg, Pennsylvania, Armed Forces Examining and Entrance Station (AFEES) on 10 June 1966.  It also contains a Standard Form (SF) 88 (Report of Medical Examination) that shows he underwent his pre-induction physical examination on 21 May 1966.  This document contains an entry confirming a physical inspection for active duty shipment was completed on 10 June 1966.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), which was prepared on the applicant at the Reception Station at Fort Jackson, South Carolina, on 15 June 1966, shows the applicant's enlistment date as 10 June 1966 in item 11 (Enlisted, Inducted, Reenlisted, Extended, and or Ordered to Active Duty Date) and his arrival date at the Reception Station at Fort Jackson as 10 June 1966, in item 38 (Record of Assignments).  The applicant entered his signature, his rank and the date 15 June 1966, as the date of preparation in item 47 (Signature of Individual) of this record in his own handwriting.    

4.  On 9 January 1968, the applicant was honorably released from active duty (REFRAD) under the provisions of chapter 6, Army Regulation 635-200, by reason of hardship/dependency.  Item 11d (Effective Date) contains an entry that indicates the applicant was REFRAD on 9 January 1968.  Item 16 Terminal Date of Reserve UMT&S Obligation) contains an entry indicating the applicant's MSO expired on 9 January 1970, and item 17c (Date of Entry) contains an entry indicating the applicant entered active duty on 10 June 1964.  Item 22a (1)
(Net Service This Period) shows the applicant completed 1 year, 6 months and
29 days of active duty service during the period covered by the DD Form 214, and item 22b (Total Active Service) shows he completed a total of 1 year, 6 months, and 29 days of active duty service.  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's REFRAD stated, in effect, to enter the date the member separated in item 11d; to enter the date the member's MSO terminated in item 16; to enter the date entered active duty in item 17c, and to enter the total service completed between the dates in item 17c and 11d in item 22a (1).  


6.  Title 10 of the U.S. Code, Section 651 provides guidance on required service (MSO).  Under the current version of the law, the MSO is a total of 8 years.  Under the version in effect at the time the applicant’s service, the MSO was         6 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry date and MSO date entered on his DD Form 214 are in error was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant enlisted in the RA and entered active duty on 10 June 1966, and not 10 June 1964, as is currently listed in item 17c of his DD Form 214, as evidenced by a DD Form 4, SF 88, and DA Form 20 on file in his record.  Therefore, item 17c should be corrected to show he entered active duty on 10 June 1966.  

3.  However, the evidence of record fails to show the applicant did not enlist and enter active duty until sometime in August 1966, as he asserts.  As a result, there is insufficient evidence to support changing the entry date beyond what is recommended in the preceding paragraph or, in effect, to show he entered active duty in August 1966.  

4.  The governing law in effect at the time of the applicant's enlistment provided for a total MSO of a minimum of 6 years.  As a result, based on his enlistment date of 10 June 1966, his MSO would have terminated on 9 June 1972.  Therefore, item 16 of his DD Form 214 should be corrected to reflect this date. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  Item 16 - delete the current entry and replace it with the entry "9 Jun 72"; and 

	b.  Item 17c - delete the current entry and replace it with the entry "10 Jun 66."  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he entered active duty service in August 1966 vice June 1966.  




      _______ _   _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)                                         AR20090009803



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ABCMR Record of Proceedings (cont)                                         AR20090009803



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