IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100009499
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) for the period ending 23 July 1970 to show the correct date of entry for that period of active duty service.
2. The applicant states his DD Form 214 shows his date of entry as 28 July 1969 but he actually enlisted on 28 July 1964.
3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record) and Special Orders Number 132, dated 28 July 1964.
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. On 11 July 1952, the applicant was inducted into the Army of the United States. He was released from active duty (REFRAD) on 21 June 1954 and transferred to the U.S. Army Reserve to complete his remaining service obligation.
3. On 7 July 1955, he enlisted in the Regular Army (RA) for 3 years until his REFRAD on 3 July 1958 by reason of expiration of term of service.
4. On 28 July 1958, he enlisted in the RA for 6 years and on 27 July 1964, he was discharged for the purpose of immediate reenlistment in the RA. On 28 July 1964, he reenlisted in the RA for another 6 years.
5. He remained on active duty until his retirement on 31 August 1973. He had attained the rank/grade of staff sergeant (SSG)/E-6, and he had completed
21 years and 26 days of creditable active service.
6. Item 17c (Date of Entry) of his DD Form 214 for the period ending 23 July 1970 shows his date of entry as 28 July 1969.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It stated for Item 17c, enter the date entered on active duty or date of enlistment or reenlistment was accomplished and not previously covered by a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending 23 July 1970 should be corrected to show his date of entry as 28 July 1964.
2. The available evidence shows that the applicant's DD form 214 for the period ending 23 July 1970 shows an administrative error occurred when his date of entry for this period of service was entered as 28 July 1969. Records show he enlisted during this period on 28 July 1964. Therefore, his DD Form 214 for the period ending 23 July 1970 should be corrected accordingly.
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 from Item 17c of his DD Form 214 for the period ending 23 July 1970 the entry "28 July 1969" and replacing it with the entry "28 July 1964."
___________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) AR20100009499
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ABCMR Record of Proceedings (cont) AR20100009499
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