BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120002630
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in item 19 (Date and Place of Entry into Active Service) to show his date of entry as "5 May 1953" instead of "5 May 1933."
2. The applicant states the date of entry is incorrect. He was barely a year old on the date listed. This is clearly a mistake.
3. The applicant provides:
* DD Form 214
* Standard Form (SF) 180 (Request Pertaining to Military Records), dated 30 January 2012
* Department of Veterans Affairs (VA) submittal form, dated 31 January 2012
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 5 May 1953 and held the military occupational specialty 642.10 (Heavy Vehicle Driver).
3. He was honorably released from active duty on 23 May 1956. His DD Form 214 shows:
* his date of birth as 9 September 1932
* his date of entry into active service as 5 May 1933
* he completed 2 years, 10 months, and 19 days of net active service
* he was released from active duty on 23 March 1956
4. His record contains a DD Form 1966 (Application for Enlistment-Armed Forces of the United States), dated 30 March 1979. This form contains a listing of his previous enlistments/reenlistments which shows his first period of military service from 5 May 1953 to 23 March 1956.
5. His record contains a retirement point history statement, dated 9 May 1995, which shows he entered active duty on 5 May 1953.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The date of entry listed in item 19 of the applicant's DD Form 214 is clearly incorrect since he would have been 8 months old on 5 May 1933.
2. In addition to the evidence of record showing his entry date as 5 May 1953, his DD Form 214 shows he was released from active duty on 23 March 1956 after completing 2 years, 10 months, and 19 days of net active service. Therefore, it is mathematically impossible for his entry date to be anything other than 5 May 1953.
3. Based on the forgoing evidence, item 19 of his DD Form 214 should be corrected to show his entry date as 5 May 1953.
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 from item 19 of his DD Form 214 the entry "5 May 1933"
* adding to item 19 of his DD Form 214 the entry "5 May 1953
_______ _ 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.
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