IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005755
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 place of entry into active duty as Fresno, California and the location of his advanced individual training (AIT) as Fort Benning, Georgia.
2. The applicant states his DD Form 214 has Fresno misspelled as Fersno. It also shows his training in infantry radio maintenance was at Fort Polk, LA.
3. The applicant provides a copy of 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. His DD Form 47 (Record of Induction) shows in Section IX (Disposition of Inductee by Armed Forces) that the applicant was inducted into the Army in Fresno, CA on 22 October 1964. He subsequently reported to the United States Army Reception Station at Fort Polk, LA.
3. On 30 October 1964, the applicant was assigned to Company L, 2nd Training Brigade, Fort Polk, LA, where he commenced and completed basic combat training.
4. On 8 January 1965, the applicant was enrolled in the Infantry Radio Maintenance Course at the United States Army Infantry School (USAIS), Fort Benning, Georgia. He completed this AIT on or about 5 April 1965 and was awarded a primary military occupational specialty 311.10, which was subsequently recoded as 31B (Infantry Communications Specialist).
5. On 21 October 1966, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4; and had completed 2 years of creditable active duty service. His DD Form 214 shows in:
a. Item 22 (Place of Entry into Current Active Duty Service): Fersno, California; and
b. Item 28a (School or Course): USAIS, Fort Polk, LA.
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 for an entry in Item 22 to show the place of entry into active duty; and in Item 28a to identify a particular school or course of study.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his place of entry into active duty as Fresno, California and the location of his AIT at Fort Benning, Georgia.
2. The evidence of record clearly shows that the applicant was inducted into the Army in Fresno, CA. However, this city was misspelled on his DD Form 214. It should be corrected.
3. The evidence also clearly shows that the applicant attended AIT at Fort Benning, Georgia, and not at Fort Polk, LA as indicated on his DD Form 214. This error should be corrected.
4. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 showing on his DD Form 214:
a. in Item 22: Fresno, California; and
b. in Item 22a: USAIS, Fort Benning, Georgia
_______ _ 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) AR20130005755
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ABCMR Record of Proceedings (cont) AR20130005755
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