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ARMY | BCMR | CY2013 | 20130012487
Original file (20130012487.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130012487 


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 8 July 1966 instead of 8 July 1968.

2.  The applicant states this typographical error will adversely affect his retirement annuity from the U.S. Postal Service.

3.  He provides 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 DD Form 47 (Record of Induction) shows he was inducted into the Army on 8 July 1966.
3.  After completing 1 year, 11 months, and 28 days of total active service, he was honorably released from active duty on 5 July 1968.  His DD Form 214 shows his induction date as 8 July 1968.

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 Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty retirement or discharge.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 47 shows he was inducted into the Army on 8 July 1966; however, his DD Form 214 erroneously shows his induction date as
8 July 1968.  His DD Form 214 should be corrected to show the year of his induction as 1966.

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 entry "8 Jul 66."



      ___________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)                                         AR20130012487





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130012487



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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