IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021211
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 the correct date of his induction.
2. The applicant states his DD Form 214 shows the date of induction as 1967 which is incorrect since he served in Vietnam from January 1966 to January 1967.
3. The applicant provides 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 applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States (AUS) on 27 July 1965. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 29 January 1966 through 27 January 1967.
3. He was honorably released from active duty (REFRAD) on 26 July 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
4. He completed 2 years of creditable active service. Item 10c (Date Inducted) of his DD Form 214 shows the entry "27 Jul 67" and item 11d (Effective Date) of his REFRAD shows the entry "26 Jul 67."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was inducted into the AUS on 27 July 1965, he completed 2 years of creditable active service, and he was honorably released from active duty on 26 July 1967. His DD Form 214 inadvertently listed the year of his induction as 1967. Therefore, he is entitled to correction of his DD Form 214 to show his correct 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 deleting from item 10c of his DD Form 214 the entry "27 Jul 67" and replacing it with the entry "27 Jul 65."
___________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) AR20100021211
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021211
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020848
The applicants Official Military Personnel File (OMPF) includes a DD Form 47 (Record of Induction) prepared during the induction process. 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 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.
ARMY | BCMR | CY2011 | 20110005557
Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) includes the following list of awards: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * PH * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the...
ARMY | BCMR | CY2010 | 20100018309
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. The applicant's records conclusively show he was inducted into the Army of the United States on 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.
ARMY | BCMR | CY2012 | 20120001651
A review of his record shows that all documents bearing a DOB show the date 28 September 1946. The evidence of record shows the applicant was inducted on 10 November 1965, but his DD Form 214 shows he was inducted on 10 November 1967. He is entitled to correction of his DD Form 214 to show the correct year of his induction.
ARMY | BCMR | CY2013 | 20130020041
His DA Form 201 (Military Personnel Records Jacket) contains his DD Form 47 (Record of Induction), along with other allied documents, which confirm this date. His DD Form 47 shows he was inducted into the AUS on 20 January 1966, and his record contains other allied documents pertaining to his induction which shows he was inducted on 20 January 1966. Since this result is the same date as the induction date shown on his DD Form 47, it is reasonable to conclude the induction date shown on his...
ARMY | BCMR | CY2009 | 20090010985
The DD Form 214 issued to the applicant upon his REFRAD shows the entry 15 December 1965 in item 10c (Date of Induction) and shows that he completed 2 years of active military service during the period covered by the DD Form 214 in item 22a(1) (Net Service This Period). Therefore, his records should be corrected to show he was REFRAD on 14 December 1967. __________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2011 | 20110019613
The applicant states, in effect: * His DOR is 9 September 1966, not 9 September 1967 * He was inducted on 25 or 26 May 1965, not 27 May 1966 * He was separated on 29 April 1969, not 6 April 1968 * Item 25 of his DD Form 214 should show he completed basic combat training (BCT) and advanced individual training (AIT) * He completed the 8-week Wireman course in 1965, not 1966 * Item 25 of his DD Form 214 should show he completed the 8-week Switchboard Course, 2-week Film Projection School, and...
ARMY | BCMR | CY2004 | 20040010014C070208
The applicant’s Military Personnel Records Jacket (MPRJ) contains a Record of Induction (DD Form 47) that confirms he was inducted into the Army and entered active duty on 30 December 1965. Item 11 (Enlisted, Inducted, Reenlisted, Extended and/or Ordered to Active Duty) of the applicant’s DA Form 20 contains an entry confirming he entered active duty on 30 December 1965, and Item 38 (Record of Assignments) contains an entry showing he arrived at the reception center on that same date. Item...
ARMY | BCMR | CY2012 | 20120010224
IN THE CASE OF: BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120010224 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. The evidence of record shows the applicant was inducted into the Army of the United States on 26 October 1965 and he was released from active duty on 25 October 1967 and transferred to the USAR after serving 2...
ARMY | BCMR | CY2009 | 20090010425
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was inducted into the Army on 10 December 1967 and that he had 61 days of lost time from 4 November 1966 through 2 January 1967. Clearly the applicant was inducted on 10 December 1965 and his DD Form 214 should be corrected accordingly.