IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011517
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 the date of entry on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show
8 June 1968 as the date he entered military service.
2. He states he did not enter the service on 31 July 1968.
3. He does not provide any additional evidence.
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 4 (Enlistment Contract - Armed Forces of the United States), contained in his military personnel file, shows he enlisted in the Regular Army on 31 July 1968 for a period of 2 years.
3. He was honorably released from active duty on 30 July 1970. His DD Form 214 shows in:
* item 17c (Date of Entry) 31 July 1968
* item 22a(1) (Net Active Service This Period) 2 0 0, indicating 2 years
* item 22a(2) (Other Service) 0 0 0
* item 22b (Total Active Service) 2 0 0, indicating 2 years
DISCUSSION AND CONCLUSIONS:
There is no evidence and the applicant has not provided any to show the date he entered active duty is incorrect. The evidence of record shows he entered active duty on 31 July 1968 and he was released from active duty on 30 July 1970. He was credited with completing 2 years of net active service which is consistent with the information contained on his enlistment contract. Therefore, his
DD Form 214 is correct as constituted.
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 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) AR20130011517
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011517
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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