IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110006761
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 item 16 (Date Inducted) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his date of induction on his DD Form 214 is incorrect.
3. He provides a DD Form 47 (Record of Induction) and 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 applicants DD Form 47 shows he was inducted into the Army of United States on 17 October 1955 and he entered active duty (AD) on the same date. After completion of training, he served in military occupational specialty 630.00 (Wheeled Vehicle Mechanic).
3. He was honorably discharged on 16 October 1957 after completing 2 years net service. Item 16 of his DD Form 214 shows 17 October 1957 as his date of induction.
4. Army Regulation 635-5 (Personnel Separations), dated 12 June 1956, was the regulation governing the preparation of the DD Form 214 at the time the applicant was separated from active duty. This regulation stated that the date the member was inducted and entered AD would be entered in item 16.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was inducted into the Army of the United States and entered active duty on 17 October 1955.
2. It is apparent that an administrative error occurred during the preparation of his DD Form 214. He is entitled to correction of item 16 to show he was inducted on 17 October 1955.
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 the current entry in item 16 of his DD Form 214 and adding 17 Oct 1955.
_______ _ _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) AR20110006761
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