IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024251
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 15 July 1968, be corrected to reflect in block 17c that his date of entry was 14 October 1965 (14 OCT 65).
2. The applicant states in effect, that his date of entry was omitted from his
DD Form 214 at the time of release from active duty (REFRAD) on 15 July 1968.
3. The applicant provides no additional documents with his application.
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 was serving in the Regular Army in Germany in the pay grade of E-3 when he was honorably discharged on 13 October 1965 for the purpose of immediate reenlistment.
3. On 14 October 1965, he reenlisted for a period of 3 years. He was transferred to Vietnam on 4 July 1967 and departed Vietnam on 13 July 1968 for Oakland Army Base, California where he was honorably REFRAD as an overseas returnee. He had served 4 years, 8 months, and 3 days of total active service and his DD Form 214 issued at the time of his REFRAD shows in block 17c (Date of Entry) NA.
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation in effect at the time provided in pertinent part, that the date the Soldier enters active duty during the period covered by the DD Form 214 will be entered in block 17c.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214, dated 15 July 1968, should be corrected to reflect he entered active duty on 14 October 1965 has been noted and found to have merit.
2. The applicant's DD Form 214 was incorrectly prepared to reflect NA in block 17c when it should have reflected 15 OCT 65.
3. Accordingly, DD Form 214, dated 15 July 1968, should be corrected to show in block 17c 15 OCT 65.
BOARD VOTE:
____X____ __X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing in block 17c of his DD Form 214 dated 15 July 1968 that his date of entry is 14 OCT 65.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100024251
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024251
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