IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090012991
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 of his induction as 11 April 1966 instead of "NA."
2. The applicant states that he was inducted on 11 April 1966; completed 1 year, 9 months, and 1 day of active service; and received a 3-month early discharge to return to college.
3. The applicant provides a copy of his DD Form 214, dated 12 January 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 was inducted into the Army of the United States and entered active duty on 12 April 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist). He was honorably separated on 12 January 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.
3. The DD Form 214 he was issued shows he completed 1 year, 9 months, and 1 day of active military service. Item 10c (Date Inducted) of his DD Form 214 shows the entry "NA" and item 11d (Effective Date) shows he was separated on 12 January 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 his or her 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 10c (for enlisted personnel) shows the date the Soldier was inducted.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was inducted into the Army of the United States and entered active duty on 12 April 1966; he was separated on 12 January 1968. He completed 1 year, 9 months, and 1 day of active military service. It appears that his DD Form 214 incorrectly omitted his date of induction.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. Therefore, the applicant's date of induction on his DD Form 214 should be corrected to show he was inducted on 12 April 1966.
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 "NA" from item 10c of his DD Form 214 and adding the entry "12 April 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) AR20090012991
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ABCMR Record of Proceedings (cont) AR20090012991
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