BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001796
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 10c (Date Inducted) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the date 8 May 1968 instead of "NA."
2. The applicant states the date of induction is not listed on his DD Form 214. This error makes it appear that he had less than the full 6 years of service and prevents him from using his Department of Veterans Affairs benefits. He was inducted on 8 May 1968 and even made some meetings before being sent to Fort Polk, LA on 27 July 1968.
3. The applicant provides his 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. The applicant's records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 9 May 1968.
3. On 9 July 1968, Headquarters, 3rd U.S. Army, Atlanta, GA, ordered him to active duty for training (ACDUTRA) for completion of training. The orders stipulated that upon completion of ACDUTRA, he would return to his Reserve unit.
4. He entered ACDUTRA on 27 July 1968 and successfully completed basic combat and advanced individual training at Fort Polk, LA, and he was awarded military occupational specialty 64A (Light Vehicle Driver).
5. He was honorably released from ACDUTRA on 26 November 1968 to the control of the USAR. His DD Form 214 shows he completed 4 months of active service. His DD Form 214 further shows in:
* Item 10c - NA
* Item 11ds (Effective Date (of Separation)) - 26 November 1968
* Item 17c (Date of Entry (on Active Duty)) - 27 July 1968
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in part, that item 11d shows the date the Soldiers separation was accomplished. Item 10c (for enlisted personnel) shows the date the Soldier was inducted.
DISCUSSION AND CONCLUSIONS:
1. Induction is not the same as enlistment. At the time individuals of a certain age were registered through the Selective Service. During a crisis and upon meeting moral, medical, and other criteria, draftees or inductees were involuntarily ordered to active duty. Enlistment on the other hand is a voluntary action on behalf of the member.
2. The applicant was never inducted into the Army of the United States. That is why item 10c of his DD Form 214 states "NA." He actually enlisted in the USAR for a period of 6 years. He entered active duty for training on 27 July 1968 and this date is correctly listed in item 17c of his DD Form 214. He was honorably released from active duty on 26 November 1968 which is also correctly listed in item 11d.
3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
4. The dates of entry on and release from active duty are correctly listed on his DD Form 214. Therefore, he is not entitled to the 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) AR20130001796
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ABCMR Record of Proceedings (cont) AR20130001796
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