BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100018927
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 enlistment date as
12 July 1968 instead of 12 July 1969.
2. He states the year was mistyped.
3. He provides a copy of his DD Form 214 and DD Form 4 (Enlistment Contract - Armed Forces of the United States).
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 4 shows he enlisted in the Regular Army on 12 July 1968 for a period of 3 years.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or OAD [ordered to active duty] he enlisted on 12 July 1968
* Item 16 (Service Dates) his basic active service date (BASD) as 12 July 1968
* Item 38 (Record of Assignments) he entered the U.S. Army Reception Station at Fort Benning, GA on 12 July 1968
4. Item 17c (Date of Entry) of his DD Form 214 shows he entered active duty on 12 July 1969 and he was released from active duty on 14 February 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the year he entered active duty was mistyped is acknowledged and determined to have merit.
2. The preponderance of evidence shows he entered active duty on 12 July 1968; however, his DD Form 214 shows he entered active duty on 12 July 1969.
3. Item 17c of his DD Form 214 incorrectly shows he entered active duty on 12 July 1969. Therefore, it would be appropriate to correct item 17c of his DD Form 214 to show he entered active duty on 12 July 1968.
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 the 12 JUL 69 and replacing it with the entry 12 JUL 68.
__________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) AR20100018927
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018927
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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