IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017085
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 the date of entry and the effective date of discharge on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the date of entry of 14 May 1970 and the date of discharge of 9 October 1968 are in error. He does not state what the dates should be.
3. The applicant provides a copy of his DD Form 214 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 DD Form 4 (Enlistment Record Armed Forces of the United States) shows he enlisted in the Regular Army on 15 May 1967 for a period of 3 years.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he entered active duty on 15 May 1967.
4. Headquarters, Picatinny Arsenal, Dover, NJ, Special Orders Number 173, dated 6 October 1968, show the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations) for dependency with an effective date of 9 October 1968.
5. Item 11d (Effective Date) on the applicant's DD Form 214 shows the effective date of discharge as 9 October 1968.
6. Item 17c (Date of Entry) on the applicant's DD Form 214 shows the date he entered active duty this period as 14 May 1970.
7. Item 22a(1) (Net Service This Period) of his DD Form 214 shows he completed 1 year, 3 months, and 27 days total active service this period.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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 release from active duty, retirement, or discharge. In the version in effect at the time, it directed that the date entered active duty or date of enlistment or reenlistment will be entered in item 17c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active duty on 15 May 1967. However, his DD Form 214 reflects his date of entry as 14 May 1970. Therefore, it would be appropriate to amend item 17c of his DD Form 214 to show the date of entry as 15 May 1967.
2. Special orders confirm the applicant was discharged from active duty 9 October 1968 and this effective date is properly recorded in item 11d of his DD Form 214. Therefore, there is no basis to amend his effective date of discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 deleting the entry "14 May 1970" from item 17c of his DD Form 214 and replacing it with the entry "15 May 1967."
2. The Board further determined 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 correcting his effective date of discharge.
___________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) AR20090017085
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ABCMR Record of Proceedings (cont) AR20090017085
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