IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100018309
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 his entry date as 29 June 1965.
2. The applicant states his DD Form 214 shows incorrect dates for his entry on active duty.
3. The applicant does not provide any documents.
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 applicants DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 29 June 1965. Special Orders Number 127, issued by the U.S. Army Recruiting Main Station, Fresno, CA, dated 29 June 1965, assigned the applicant to the U.S. Army Reception Station, Fort Ord, CA with a reporting date of the same. After completing training he was awarded military occupational specialty 57E (laundry, bath, and impregnation specialist). He was advanced to the rank/grade of specialist four (SP4)/E-4.
3. Special Order Number 112, issued by Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, dated 9 June 1967, shows the applicant was released from active duty on 9 June 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
4. Item 10c (Date of Induction) of the applicant's DD Form 214 shows the entry "29 June 1967." Item 11d (Effective Date [of transfer or discharge]) shows the applicant was released from active duty on 9 June 1967.
5. On 16 August 1967, a DD Form 215 (Correction to DD Form 214) was issued that corrected item 10c of his DD Form 214 to show the entry "11 May 67."
DISCUSSION AND CONCLUSIONS:
1. While the date of the applicant's induction was previously changed, it was changed to an incorrect date.
2. The applicant's records conclusively show he was inducted into the Army of the United States on 29 June 1965. Therefore, it would be appropriate to now correct his DD Form 214 to show his proper date of induction.
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:
a. voiding the DD Form 215 issued on 16 August 1967 and
b. deleting from item 10c of his DD Form 214 the entry "29 June 1967" and replacing it with the entry "29 June 1965."
___________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) AR20100018309
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018309
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