IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130010355
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 items 10c (Date Inducted) and 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed.
2. The applicant states:
* his date of entry and discharge dates are incorrect
* he was drafted into the Army on 22 June 1969 and released on
23 December 1970
* the individual preparing his DD Form 214 made the error in the dates
* his DD Form 214 was mailed to him and had incorrect dates
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. The applicant's induction record shows he was inducted into the Army of the United States on 22 June 1970. He completed his training and was awarded military occupational specialty 91B (medical specialist).
3. Separation orders, dated 13 December 1971, show he was released from active duty (REFRAD) on 23 December 1971.
4. His DD Form 214 shows in:
* item 10c the entry "22 Jun 1970" (22 June 1970)
* item 11d the entry "23 Dec 1971" (23 December 1971)
5. There is no evidence which shows he was inducted on 22 June 1969 or REFRAD on 23 December 1970.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he was drafted on 22 June 1969, his induction record shows he was inducted on 22 June 1970 which is properly shown in item 10c of his DD Form 214. Therefore, there is insufficient evidence on which to base amending his date of entry on his DD Form 214.
2. His contention he was released on 23 December 1970, not 23 December 1971 was noted. However, separation orders show he was REFRAD on
23 December 1971 which is properly shown in item 11d of his DD Form 214. Therefore, there is insufficient evidence on which to base amending his dates of entry and separation on his DD Form 214.
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) AR20130010355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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