IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100029283
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 the service entry date shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his DD Form 214 reflects that he was discharged before he entered active duty and he needs this form corrected for social security benefits purposes.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) in Faribault, Minnesota, for a period of 6 years on 19 July 1967.
3. He was ordered to active duty for training (ACDUTRA) on 16 November 1967 and was transferred to Fort Bragg, North Carolina, to undergo basic training. He completed basic training and was transferred to Aberdeen Proving Ground, Maryland, to undergo advanced individual training (AIT) as an engine and powertrain repairman.
4. He completed AIT and was honorably released from ACDUTRA on 12 May 1968. He completed 5 months and 27 days of ACDUTRA and was returned to his USAR unit in Minnesota.
5. His DD Form 214 issued at the time of his release from ACDUTRA shows in block 17c (Date of Entry) that he entered ACDUTRA on 16 November 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and was found to have merit. The applicant entered ACDUTRA on 16 November 1967 and served on active duty until he was released from ACDUTRA on 12 May 1968.
2. However, his DD Form 214 issued at the time of his release from ACDUTRA reflects that he entered ACDUTRA on 16 November 1968, a year later than the actual date.
3. Accordingly, his DD Form 214 should be corrected to reflect that he entered ACDUTRA on 16 November 1967.
BOARD VOTE:
__X_____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the entry from block 17c of his DD Form 214
* adding the entry 16 November 1967 to block 17c of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States 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) AR20100029283
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ABCMR Record of Proceedings (cont) AR20100029283
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