BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029560
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 his date of entry be changed from 3 May 1974 to 29 January 1974.
2. He states the real date he entered active duty was 29 January 1974, not 3 May 1974. He left Cleveland, OH, on 29 January 1974.
3. He provides medical documents and a letter from the Department of Veterans Affairs.
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's service record contains the following documents which show he entered active duty in the Regular Army on 29 January 1974:
* DD Form 4 (Enlistment Contract Armed Forces of the United States)
* Special Orders Number 21, dated 29 January 1974
* DA Form 20 (Enlisted Qualification Record)
3. A DD Form 4 also shows he enlisted in the U.S. Army Reserve (Delayed Entry Program) on 3 January 1974.
4. He was discharged on 29 May 1974. Item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) shows he entered active duty on 3 May 1974 and he was discharged on 29 May 1974 which equates to 26 days of net active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he entered active duty on 29 January 1974 is acknowledged and determined to have merit.
2. Special orders published on 29 January 1974, his enlistment contract, and his DA Form 20 show he entered active duty on 29 January 1974.
3. However, his DD Form 214 shows he entered active service on 3 May 1974 and was discharged on 29 May 1974 which equates to only 26 days. It appears his active duty entry date was erroneously entered in item 15 of his DD Form 214. Therefore, it would be appropriate to amend item 15 of his DD Form 214 to show he entered active duty on 29 January 1974.
4. Additionally, entries in item 18 (Record of Service) of his DD Form 214 should be amended to show:
* item 18a (Net Active Service This Period) 4 months and 1 day
* item 18c (Total Active Service) 4 months and 1 day
* item 18e (Total Service For Pay) 4 months and 26 days
BOARD VOTE:
__x____ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. deleting the entry "74 05 03" from item 15 and replacing it with the entry "74 01 29,"
b. deleting the entry "0 0 26" from item 18a and replacing it with the "0 4 1,"
c. deleting the entry 0 0 26" from item 18c and replacing it with the entry "0 4 1," and
d. deleting the entry "0 1 25" from item 18e and replacing it with the entry "0 4 26."
___________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) AR20100029560
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ABCMR Record of Proceedings (cont) AR20100029560
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