BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017798
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Date of Entry as 18 December 1966 instead of 18 December 1968.
2. The applicant states he entered active duty on 18 December 1966. In addition, item 22 (Statement of Service) shows he completed two years of service.
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 record shows he enlisted in the Regular Army for a period of two years on 19 December 1966.
3. On 18 December 1968, he was relieved from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.
4. The DD Form 214 he was issued at the time shows in:
* Item 17c (Date of Entry) "18 Dec 68"
* Item 22b (Total Active Service) shows his total active service as two years
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant claims he enlisted in the Regular Army on 18 December 1966. The evidence of record shows the applicant enlisted in the Regular Army for a period of two years on 19 December 1966. It appears his DD Form 214 contains a typographical error which incorrectly shows his Date of Entry as 18 December 1968 instead of 19 December 1966. Therefore, he is entitled to correction of his DD Form 214 to show his Date of Entry as 19 December 1966.
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 correcting item 17c of his DD Form 214 to show "19 Dec 66."
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 correcting item 17c his DD Form 214 to show "18 Dec 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) AR20130017798
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