IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002028
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 date of induction and the first name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the date of induction and first name shown on his DD Form 214 are incorrect. He is retiring and needs to provide the Social Security Administration a corrected DD Form 214 as part of his application.
3. He provides a letter from the National Personnel Records Center, a Standard Form 180 (Request Pertaining to Military Records), and 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's record includes a DD Form 215 (Correction to DD Form 214) correcting the first name shown on his DD Form 214. He has been provided the attached letter notifying him the correction has been made and a copy of his DD Form 215. Because his first name has already been corrected, this issue will not be addressed further in these Proceedings.
3. On 18 October 1966, the applicant was inducted into the Army of the United States. On 4 November 1966, he was honorably discharged.
4. Item 16 (Date Inducted) of his DD Form 214 shows the entry "18 Nov 66."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was inducted in October and discharged in November. His DD Form 214 shows the month of his discharge was erroneously entered as the month of his induction. It would be appropriate to correct this error.
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 correcting item 16 of his DD Form 214 to show he was inducted on 18 October 1966.
_______ _ _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) AR20120002028
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002028
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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