IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120010224
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 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 December 1967.
2. The applicant states his date of entry was 26 October 1965 not 26 October 1967.
3. The applicant provides a DD Form 214 for the period ending 10 December 1967.
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 into the Army of the United States on 26 October 1965. He served as a cook in Vietnam. On 25 October 1967, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
3. His DD Form 214 for the period ending 25 October 1967 shows in:
* Item 10c (Date Inducted) the entry "26 Oct 65" (26 October 1965)
* Item 11d (Effective Date) the entry "25 Oct 67" (25 October 1967)
* Item 22a(1) (Net Service This Period) the entry "02 00 00" (2 years)
* Item 30 (Remarks) the entry "Transferred to USAR and will be ordered to Active Duty from USAR on date immediately following EDCSA" (effective date of change of strength accountability)
4. He was ordered to active duty from the USAR on 26 October 1967 for a period of 2 months. On 10 December 1967, he was released from active duty.
5. His DD Form 214 for the period ending 10 December 1967 shows in:
* Item 17c the entry "26 Oct 67" (26 October 1967)
* Item 22a(1) (Net Service This Period) the entry "0 1 16" (1 month and 16 days)
* Item 22a(2) (Other Service) the entry "2 0 0" (2 years)
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. The evidence of record shows the applicant was inducted into the Army of the United States on 26 October 1965 and he was released from active duty on
25 October 1967 and transferred to the USAR after serving 2 years, which is properly reflected on his DD Form 214 for the period ending 25 October 1967. A copy of the applicant's DD Form 214 for the period ending 25 October 1967 will be provided with these Proceedings.
3. He was immediately ordered to active duty on 26 October 1967 for a period of 2 months and he was released from active duty on 10 December 1967, which is properly reflected on his DD Form 214 for the period ending 10 December 1967.
Therefore, there is no basis for granting the applicant's request to correct his
DD Form 214 for this period of service to show an earlier entry date in item 17c.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120010224
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120010224
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