BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010425
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 item 10c (Date Inducted) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was inducted into the Army on 10 December 1965 instead of 10 December 1967.
2. The applicant states human error was made during the preparation of his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 DD Form 47 (Record of Induction) shows that he was inducted into the Army on 10 December 1965 in Charlotte, North Carolina. He successfully completed his training as a quartermaster heavy equipment repairer.
3. After completing 1 year, 11 months, and 20 days of total active service, the applicant has honorably released from active duty (REFRAD) on 30 January 1968 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, as an early-release overseas returnee. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
4. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was inducted into the Army on 10 December 1967 and that he had 61 days of lost time from 4 November 1966 through 2 January 1967.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that item 10c of his DD Form 214 be corrected to show that he was inducted into the Army on 10 December 1965 instead of 10 December 1967.
2. The applicant's contentions have been noted and have been substantiated by the evidence of record. His DD Form 47 shows that he was inducted into the Army on 10 December 1965. There was an error made during the preparation of the applicant's DD Form 214 which resulted in the incorrect date of induction being reflected therein. Clearly the applicant was inducted on 10 December 1965 and his DD Form 214 should be corrected accordingly.
3. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
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 amending item 10c of his DD Form 214 to show that he was inducted into the Army on 10 December 1965 instead of 10 December 1967.
___________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) AR20090010425
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