IN THE CASE OF:
BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120019496
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of entry on active duty as 9 July 1970 instead of "NA."
2. The applicant states he tried to apply for healthcare benefits provided by the Department of Veterans Affairs (VA); however, because of this error, his application was not processed. He was told he must have this error corrected and reapply.
3. The applicant provides:
* DD Form 47 (Record of Induction), dated 9 July 1970
* U.S. Army Recruiting Command (USAREC) Form 180-R (Acknowledgment of Service Obligation), dated 9 July 1970
* DA Form 20 (Enlisted Qualification Record)
* 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 9 July 1970, the applicant was inducted into the Army of the United States (AUS). He entered active duty, completed his initial entry training, and he was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).
3. On 15 April 1971, he was discharged from the Army. The DD Form 214 he was issued at the time shows in:
* Item 10c (Selective Service Data Date Inducted) the entry 9 July 1970
* Item 17c (Service Data Current Active Service Other Than by Induction Date of Entry) the entry "NA"
4. 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. Section III provides instruction on the preparation of the DD Form 214. It states that for enlisted Soldiers:
* Item 10c is applicable only to individuals who were inducted (as opposed to enlisted)
* Item 17c enter the date the Soldier entered active duty other than by induction, or the date the enlistment or reenlistment was accomplished
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted into the AUS on 9 July 1970, and his induction date is properly reflected in item 10c of his DD Form 214.
2. Item 17c of the DD Form 214 was used to note the date of entry on active duty for Soldiers who enlisted in the Regular Army (RA) or were called to active duty from a Reserve Component. The applicant was inducted; therefore, item 17c of his DD Form 214 is properly annotated with the entry "NA" that means "not applicable," indicating this item did not apply to the applicant's mode of entry on active duty.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110021301
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019496
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020177
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * date of birth (DOB) in item 9 (Date of Birth) as 14 August 1947 * date of induction in item 10c (Date Inducted) as 3 September 1969 2. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070012384C080407
The applicant's Military Personnel Records Jacket (MPRJ) is void of a DD Form 214 issued for his AUS service between 10 July 1968 and 9 July 1970, and of any orders awarding the applicant the BSM during his active duty tenure. Item 22c of the applicant's 17 July 1970 DD Form 214 shows he completed 8 days of active duty service during the period covered by the separation document (10-17 July 1970) and Item 22a(2) shows he completed 2 years of prior active duty service and Item 22b (Total...
ARMY | BCMR | CY2010 | 20100013625
Therefore, he completed 3 months and 6 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He was inducted on 10 February 1970 and was honorably discharged on 18 November 1970. Therefore, he completed 9 months and 2 days of foreign service in Vietnam during the period covered by this DD Form 214, which is correctly shown in item 22c of this DD Form 214. d. He enlisted on 19 November 1970 and was...
ARMY | BCMR | CY2008 | 20080016583
Application for correction of military records (with supporting documents provided, if any). The applicant states that item 17c (Date of Entry) of his DD Form 214 incorrectly shows that he entered active duty on 20 January 1973, and that his military records show that he actually entered active duty on 20 January 1971. The applicant's military records show that he was inducted into the Army of the United States (AUS) on 20 January 1971.
ARMY | BCMR | CY2013 | 20130001796
The applicant provides his DD Form 214. His DD Form 214 shows he completed 4 months of active service. He entered active duty for training on 27 July 1968 and this date is correctly listed in item 17c of his DD Form 214.
ARMY | BCMR | CY2009 | 20090002111
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his period of service ending 7 October 1970, to show his date of entry as 20 October 1966. A DA Form 20 (enlisted Qualification Record) shows that effective 19 October 1966, the applicant was assigned for duty in the Army of the United States for a 2-year period of service. The applicant contends that his DD form 214 for the period ending 7 October 1970 should be...
ARMY | BCMR | CY2013 | 20130008625
He states his DD Form 214 does not show award of the ARCOM or his date of entry. He provides Special Orders 190, dated 9 July 1967, that show his basic active service date/basic pay entry date as 18 November 1965. The evidence of record shows the applicant was inducted into the Army of the United States versus enlisting.
ARMY | BCMR | CY2010 | 20100030369
He was issued a DD Form 214 which shows the following dates: * Item 10c (Date Inducted) - 7 February 1968 * Item 11d (Effective Date) - 27 October 1968 * Item 17c (Date of Entry - Enlistment) - 7 February 1968 4. Item 17c of the DD Form 214 he was issued on 11 August 1971 shows the date of his initial enlistment in the RA and not the first date of his immediate reenlistment on 28 October 1968. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2015 | 20150003906
The applicant's record contains two DD Forms 214. d. The evidence shows, during this period of service he served in Vietnam from 5 December 1969 to 13 March 1970, which equals a total of 0 years, 3 months, and 09 days of Vietnam service during the period covered by this DD Form 214. e. Army Regulation 635-5, paragraph 2-50b(18) states item 30 of the DD Form 214 should indicate Indochina and Korea service on or after 5 August 1964. Item 17c of this DD Form 214 properly shows he reenlisted...
ARMY | BCMR | CY2014 | 20140017170
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * in item 10c (Date Inducted) 27 February 1969 * in item 22c (Foreign and/or Sea Service) his service in the Republic of Vietnam (RVN) * award of the Vietnam Service Medal 2. Therefore, it would be appropriate at this time to award him this medal for this period of service and correct his DD Form 214 to show the medal. Therefore, his DD Form 214 should be...