IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012239
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 25 May 1972 be corrected to show that his place of enlistment was Rockford, Illinois and that he entered active duty on 19 May 1965.
2. The applicant states that his DD Form 214 incorrectly lists his place of enlistment as Landshut, Germany and that he entered on 23 May 1966.
3. The applicant provides no additional documents with his application.
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 was inducted in Rockford, Illinois on 19 May 1965. He completed his basic training at Fort Knox, Kentucky and his advanced individual training at Fort Bliss, Texas before being transferred to Germany on 22 October 1965.
3. On 22 May 1966, he was honorably discharged in Landshut, Germany for the purpose of immediate reenlistment. He was issued a DD Form 214 which incorrectly shows that he was inducted on 19 May 1966. It also incorrectly shows that he served 1 year and 3 days of active service. It should show he served 1 year and 4 days of active service.
4. On 23 May 1966, he reenlisted for a period of 6 years. He served tours in Vietnam and Korea and on 28 May 1972 he was honorably discharged at Fort Benjamin Harrison, Indiana due to the expiration of his term of service (ETS). He had served 7 years and 9 days of active service and had 1 year and 4 days of prior active service.
5. His DD Form 214 issued at the time of his discharge shows in item 17c that he entered his period of service on 23 May 1966 (the date he reenlisted) and in item 20 that his place of entry was Landshut, Germany.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect active service that is performed during the period covered by the DD Form 214 and will reflect prior active service as well.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 issued on 28 May 1972 should be corrected to show that he entered active duty on 19 May 1965 in Rockford, Illinois has been noted.
2. The applicant reenlisted on 23 May 1966 in Landshut, Germany and that information is correctly reflected on his DD Form 214 dated 28 May 1972.
3. However, his DD Form 214 issued on 22 May 1966 incorrectly reflects that he was inducted on 19 May 1966 instead of 19 May 1965. Accordingly, that DD Form 214 should be corrected to show the correct year of his induction. That DD Form 214 should also be corrected to show he completed 1 year and 4 days of active service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 19 May 66 from item 16 (Date Inducted) of his DD Form 214 dated 22 May 1966
* Entering the entry 19 May 1965 in item 16 of his DD Form 214 dated 22 May 1966
* Deleting the entry 01 00 03 from item 24a(1) (Net Service this Period) of his DD Form 214 dated 22 May 1966
* Entering the entry 01 00 04 from item 24a(1) of his DD Form 214 dated 22 May 1966
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the date and place of entry on his DD Form 214 dated 28 May 1972.
_______ _ ___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) AR20130012239
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ABCMR Record of Proceedings (cont) AR20130012239
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