IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002877
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 induction as
9 June 1968.
2. The applicant states he was inducted into the Army of the United States on 9 June 1968, and not on 9 June 1969, as shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Envelop mailed from the Republic of Vietnam (No date stamp shown)
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. His DD Form 47 (Record of Induction) shows in Section IX (Disposition of Inductee by Armed Forces) that the applicant was inducted on 9 June 1969 and ordered to report to Fort Jackson, South Carolina, that same day.
3. Special Orders Number 111, Armed Forces Examining and Entrance Station, Knoxville, Tennessee, dated 9 June 1969, show the applicant was inducted on that day and ordered to report to Fort Jackson, South Carolina, no later 2400 hours that same day.
4. His DA Form 20 (Enlisted Qualification Record) shows the applicant reported to the Reception Station at Fort Jackson on 9 June 1969, and commenced basic combat training on 16 June 1969. He subsequently served in the Republic of Vietnam in 1970 and was released from active duty on 14 December 1970.
5. The applicant's DD Form 214 shows he was inducted on 9 June 1969. It also shows he was released from active duty on 14 December 1970. He completed
1 year, 6 months, and 6 days of creditable active duty service.
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided for recording the date of induction and effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of induction as 9 June 1968.
2. The evidence of record consistently shows he was inducted into the Army of the United States on 9 June 1969. There is no documentary evidence showing that he had entered the service a year earlier. His DD Form 214 shows this same date of induction.
3. There is no evidence of an error or injustice in this case.
4. In view of the above, the applicant's request should be denied.
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) AR20130002877
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ABCMR Record of Proceedings (cont) AR20130002877
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