BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120021906
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 item 17c (Date of Entry) as 13 February 1968 vice 13 December 1971.
2. The applicant states the date of entry shown on his DD Form 214 is the date the form was typed. The actual time he served was 3 years, 10 months, and 2 days [as shown on his DD Form 214].
3. The applicant provides his DD Form 214, orders, a certificate, and a Department of Veterans Affairs (VA) Form 26-8939 (Certificate of Eligibility).
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. The applicant's records show he enlisted in the Regular Army (RA) on 13 February 1968. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his enlistment date as 13 February 1968.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows the date he entered active duty as 13 February 1968.
4. On 20 February 1968, he was assigned for basic combat training (BCT) to the 5th Battalion, 1st Training Brigade, Fort Polk, LA.
5. He successfully completed BCT and on 4 May 1968, he was assigned for advanced individual training (AIT), to the 2nd Training Group, 1st AIT Brigade, Fort Bliss, TX.
6. He successfully completed AIT and on 27 August 1968, he was assigned to the 6th Battalion, 65th Air Defense Artillery, U.S. Naval Air Station (USNAS), Key West, FL.
7. Special Orders Number 169, dated 11 November 1971, issued by Headquarters, 6th Battalion, 65th Air Defense Artillery, USNAS, Key West, FL, released him from active duty effective 14 December 1971.
8. He was honorably released from active duty on 14 December 1971 and he was transferred to the U.S. Army Reserve. He completed 3 years, 10 months, and 2 days of creditable active service.
9. Item 17c of the DD Form 214 he was issued contains the entry 13 December 1971.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant enlisted in the RA and entered active duty on 13 February 1968. It appears a typographical error was made during the preparation of his DD Form 214 when the date of his entry on active duty was entered as 13 December 1971. Therefore, he is entitled to correction of his DD Form 214 to show the correct date he entered active duty.
BOARD VOTE:
___x_____ ___x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the current date in item 17c of his DD Form 214 and replacing it with "13 February 1968."
_______ _ 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) AR20120021743
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ABCMR Record of Proceedings (cont) AR20120021906
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