BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120013628
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 dates of service shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he was in the service longer than the period shown on his DD Form 214. He states his "induction sheet" shows he was inducted on 13 August 1970 and orders show an "administrative accounting date" of 8 July 1969.
3. He provides the back page of his DD Form 47 (Record of Induction) and his discharge orders.
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 DD Form 47 shows:
* on 13 August 1970, he underwent a preinduction examination
* on 2 March 1971, he was inducted into the Army of the United States
3. He provides a copy of the back page of his DD Form 47 on which he has highlighted the date of his preinduction examination.
4. On 15 April 1971, Headquarters, U.S. Army Training Center, Infantry, and Fort Ord, CA, issued Special Orders Number 105 Extract reassigning him to a transfer point for separation processing and discharging him effective 21 April 1971.
5. On 21 April 1971, he was honorably discharged after completing 1 month and 20 days of total active service. His DD Form 214 shows in:
* item 10c (Date Inducted) "2 Mar 71"
* item 11d (Effective Date [of discharge]) "21 Apr 71"
* item 30 (Remarks) he was discharged because he did not meet medical fitness standards at the time of induction
6. On the copy of the orders he provides, he has highlighted the authority for reassignment to the transfer point, which was a letter from the Office of the Adjutant General, dated 8 July 1969.
7. 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. It states the DD Form 214 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 evidence of record does not support the applicant's request for correction of the dates of service shown on his DD Form 214.
2. He underwent a preinduction examination on 13 August 1970; however, he did not enter military service at that time. He was inducted on 2 March 1971. This is the date he entered military service, and this date is properly recorded on his DD Form 214.
3. On the orders he provides, he has highlighted the authority for his reassignment to a transfer point, including the effective date of that authority. The effective date of the authority for his reassignment is not the date he entered military service.
4. The date he entered military service and the date he was discharged were properly recorded on his DD Form 214. Therefore, he is not entitled to the relief he has requested.
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) AR20120013628
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ABCMR Record of Proceedings (cont) AR20120013628
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