IN THE CASE OF:
BOARD DATE: 27 June 2014
DOCKET NUMBER: AR20130020041
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 he was inducted into the Army of the United States (AUS) on 17 January 1966, versus 27 November 1966.
2. The applicant states the date currently shown is the date he went to Vietnam.
3. The applicant provides no additional evidence in support of his request.
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. On 20 January 1966, the applicant was inducted into the AUS. His DA Form 201 (Military Personnel Records Jacket) contains his DD Form 47 (Record of Induction), along with other allied documents, which confirm this date.
3. Special Orders Number 15, issued by the Armed Forces Examining and Entrance Station, New York, NY on 20 January 1966, announced his induction into the AUS effective 20 January 1966.
4. On 27 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows the following:
a. Item 10c (Selected Service Data Date Inducted) his induction date as
27 November 1966.
b. Item 22a(1) (Statement of Service Creditable for Basic Pay Purposes Net Service This Period) he completed 1 year, 10 months, and 8 days of net service between his date of induction and his date of separation.
5. 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 the standardized policy for preparing and distributing 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 military service at the time of release from active duty, retirement or discharge; therefore, entered information should be complete and accurate. Item 10c (for enlisted personnel) shows the date the Soldier was inducted.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 47 shows he was inducted into the AUS on 20 January 1966, and his record contains other allied documents pertaining to his induction which shows he was inducted on 20 January 1966.
2. His DD Form 214 shows his induction date as 27 November 1966; however, it also shows his separation date as 27 November 1967. Since he served 1 year, 10 months, and 8 days of net service between his date of induction and his date of separation, there is clearly an error with one of the two dates represented on his DD Form 214.
3. Subtracting 1 year, 10 months, and 8 days of net service from 27 November 1967 (the separation date listed on his DD Form 214) results in 20 January 1966, not 27 November 1966. Since this result is the same date as the induction date shown on his DD Form 47, it is reasonable to conclude the induction date shown on his DD Form 214 is incorrect.
4. In view of the foregoing, there is a sufficient basis to grant the requested relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 10c of his DD Form 214 to delete the entry "27-NOV-66" and replace it with the entry "20-JAN-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 showing he entered active duty on 17 January 1966.
_______ _ _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) AR20130020041
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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