IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110025194
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he entered the service in May 1965.
2. The applicant states he cannot receive health care from the Department of Veterans Affairs (VA) until his entrance date is corrected.
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 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 inducted in the Army of the United States on 27 May 1965. He completed training and was awarded military occupational specialty 95B (Military Police). The highest rank/grade he attained while on active duty was specialist/E-4.
3. The following documents within the applicant's military personnel records show he was inducted on 27 May 1965:
* DD Form 47 (Record of Induction)
* Standard Form 88 (Report of Medical Examination)
* 2AA Form 563 (Acknowledgment of Service Obligation)
* DA Form 20 (Enlisted Qualification Record)
4. Special Order Number 89, Headquarters, U.S. Army Personnel Center, Fort Hamilton, Brooklyn, NY, dated 8 May 1967, shows the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group.
5. The applicant's DD Form 214 shows the following:
* his induction date was 27 May 67
* his REFRAD date was 8 May 67
* he completed 1 year, 11 months, and 12 days of honorable active military service
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the induction date on his DD Form 214 was carefully considered and determined to have merit.
2. The induction date of 27 May 1967 shown on the applicant's DD Form 214 is an obvious administrative error since the date occurs after his actual separation date of 8 May 1967. Therefore, he is entitled to correction of his DD Form 214 to show his induction date as 27 May 1965.
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 amending his DD Form 214 to show his date of induction as 27 May 1965.
__________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) AR20110025194
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ABCMR Record of Proceedings (cont) AR20110025194
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