IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020847
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 date of entry.
2. The applicant states his DD Form 214 does not show his date of entry. He contends that the "date inducted" entry shown on his DD Form 214 is for his delayed entry on active duty.
3. The applicant 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. DD Form 47 (Record of Induction) dated 23 April 1969, indicates that the applicant was found acceptable for induction into the armed forces.
3. DD Form 157 (Acknowledgment of (Six Years) Service Obligation) signed by the applicant, indicates that on 23 April 1969, he acknowledged he had been informed of his service obligation.
4. DA Form 20 (Enlisted Qualification Record) shows:
a. in Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty) that he had been inducted into the Army of the United States for
2 years with an expiration date of 22 April 1971;
b. in Item 33 (Appointments and Reductions) that his rank of private, pay grade E-1 was 23 April 1969; and
c. in Item 38 (Record of Assignments) that on 23 April 1969, he was assigned to Fort Ord, California, for basic combat training.
5. The applicant's DD Form 214 shows:
a. in Item 10c (Date Inducted): 23 April 1969;
b. in Item 17 (Current Active Service Other Than By Induction): NA [not applicable];
c. in Item 17a (Source of Entry): NA;
d. in Item 17b (Term of Service): NA; and
e. in Item 17c (Date of Entry): NA.
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It required in Item 10c an entry showing that date of induction into military service. It further provided that all entries in Items 17a, b, and c were for entry into active service that occurred by other than induction.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show a date of entry in Item 17c. He further contends that the date of induction refers to his delayed entry.
2. The available evidence very clearly shows that the applicant was inducted into military service on 23 April 1969. This date is properly reflected in Item 10c of his DD Form 214. Furthermore, there is no evidence of record showing that the applicant had any period of delayed entry.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100020847
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ABCMR Record of Proceedings (cont) AR20100020847
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