IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020848
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 item 10c (Date Inducted) of his
DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).
2. The applicant states his DD Form 214 contains an oversight.
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. The applicants Official Military Personnel File (OMPF) includes a DD Form 47 (Record of Induction) prepared during the induction process. It shows he was inducted into the Army of the United States (AUS) on 28 September 1965.
3. His DA Form 20 (Enlisted Qualification Record) also shows he was inducted into the AUS and entered active duty on 28 September 1965 for two years in item 11 (Enlisted, Inducted, Reenlisted, Extended, and or OAD).
4. On 11 September 1967, the applicant was honorably released from active duty after completing 1 year, 11 months, and 14 days of creditable active military service. The DD Form 214 issued to him at that time contains the entry 28 SEP 67 in item 10c and 11 SEP 67 in item 11d (Effective Date).
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing Item 10c states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued. The instructions for item 12c state to enter the amount of service completed during the period covered by the DD Form 214, which is computing by subtracting item 12a from 12b..
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 10c of his DD Form 214 should be corrected.
2. The evidence of record confirms the applicant was inducted into the AUS on 28 September 1965 as evidenced by his DD Form 47 and DA Form 20.
It is obvious an error occurred when his DD Form 214 was prepared to show his induction date as 28 September 1967 instead of 28 September 1965 and it should be corrected at this time.
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 amending the DD Form 214 and deleting the current Item 10c entry and replacing it with the entry 28 SEP 65; and by providing him a correction to his
DD Form 214 that reflects this change.
__________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) AR20100020848
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ABCMR Record of Proceedings (cont) AR20100020848
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