IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100019501
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 he was inducted on
22 November 1966 instead of 22 November 1968.
2. He states his induction date is:
* wrong and it should be 22 November 1966
* after his discharge date
* after his advancement to E-3 on 15 June 1967 and promotion to E-5 on
14 August 1968
3. He provides a copy of his DD Form 214.
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) and Special Orders Number 231, issued by the Armed Forces Examining and Entrance Station, Nashville, TN, both dated 22 November 1966, show he was inducted into the Army of the United States on 22 November 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 11 (Enlisted, Inducted, Reenlisted, Extended, and or Ordered to Active Duty) he was inducted into the Army of the United States on 22 November 1966 for a period of 2 years;
b. Item 33 (Appointments and Reductions) he advanced/promoted to:
* private (PV1)/E-1 on 22 November 1966
* private (PV2)/E-2 on 22 March 1967
* private first class (PFC)/E-3 on 15 June 1967
* specialist four (SP4)/E-4 on 25 January 1968
* specialist five (SP5)/E-5 on 14 August 1968
c. Item 38 (Record of Assignments) the effective date he entered basic combat training as 22 November 1966.
4. General Orders Number 35, issued by Headquarters, 1st Squadron, 2nd Armored Cavalry, dated 28 October 1968, show the applicant was awarded the Army Good Conduct Medal (First Award) for the period 22 November 1966 to 21 November 1968.
5. He was honorably released from active duty on 5 November 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 14 days of total active service.
6. Item 10c (Date Inducted) of his DD Form 214 shows his induction date as 22 November 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his induction date is wrong and should be 22 November 1966 was considered and determined to have merit.
2. His service record includes documents which verify his induction date as 22 November 1966:
* DD Form 47
* Special Orders Number 231, dated 22 November 1966 (induction orders)
* DA Form 20
* Army Good Conduct Medal, General Orders Number 35, dated 28 October 1968, which show the beginning date of his period of qualifying service as 22 November 1966
3. The preponderance of evidence confirms he was inducted on 22 November 1966; therefore, it would be appropriate to correct item 10c of his DD Form 214 to show his induction date as 22 November 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 from item 10c of his DD Form 214 the entry 22 NOV 68 and replacing it with the entry 22 NOV 66.
___________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) AR20100019501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019501
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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