IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007779
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) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the proper year of his induction.
2. The applicant states:
* He knows the date of induction shown on his DD Form 214 is a typographical error because he would not have been born on the date
of his induction
* His date of birth is 20 November 1946 and his DD Form 214 shows his induction date as 31 August 1946
* His DD Form 214 should show 31 August 1967 as his induction date
3. The applicant provides:
* DD Form 214, dated 5 May 1969
* Immunization Certificate
* Special Orders Number 125, dated 5 May 1969
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 DD Form 47 (Record of Induction) shows he was inducted into the Army on 31 August 1967.
3. After completing 1 year, 8 months, and 6 days of total active service, he was honorably released from active duty (REFRAD) on 5 May 1969. His DD Form 214 shows his induction date as 31 August 1946.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 47 shows he was inducted into the Army on 31 August 1967. His DD Form 214 erroneously shows he was inducted into the Army on
31 August 1946. His DD Form 214 should be amended to show the correct year in which he was inducted.
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 amending Item 10c on his DD Form 214 to show the year of his "Date Inducted" as "67" instead of "46."
_______ _ _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) AR20130007779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130007779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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