IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001417
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 19c that he entered active duty on 25 September 1962.
2. The applicant states his DD Form 214 issued on 22 March 1965 shows he entered active duty on 23 March 1965 and he was discharged on 22 March 1965. However, he enlisted on 25 September 1962. Accordingly, his DD Form 214 should be corrected.
3. The applicant provides copies of his DD Form 214 and copies of medical documents from his military records.
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 enlisted in the Regular Army on 25 September 1962. He completed his training as a light weapons infantryman at Fort Jackson, South Carolina and he was transferred to Fort Myer, Virginia.
3. On 22 March 1965, he was honorably discharged for the purpose of immediate reenlistment. He had served 2 years, 5 months, and 28 days of active service. His DD Form 214 issued at the time incorrectly reflects in block 19c that he entered active duty on 23 March 1965 (the day after he was discharged).
4. He reenlisted on 23 March 1965 for a period of 3 years and training as an airplane repairman. He completed his training at Fort Eustis, Virginia, served a 13-month tour in Korea and on 22 March 1968 he was honorably released from active duty due to the expiration of his term of service. He had served 3 years of active service during his current enlistment for a total of 5 years, 5 months, and 28 days of total active service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 22 March 1965 incorrectly reflects the date he entered active duty has been noted and found to have merit.
2. The applicant enlisted on 25 September 1962 and served until he was discharged for immediate reenlistment on 22 March 1965. However, his
DD Form 214 incorrectly reflects that he entered active duty on 23 March 1965.
3. Accordingly, his DD Form 214 should be corrected by showing in block 19c that he entered active duty on 25 September 1962.
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:
* Deleting "23 March 65" from block 19c of his DD Form 214 dated
22 March 1965
* Entering "25 September 1962" in block 19c of his DD Form 214 dated
22 March 1965
2. The Board wants the applicant and all others to know that 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) AR20110001417
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ABCMR Record of Proceedings (cont) AR20110001417
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