IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003581
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 12 June 1970 vice 12 June 1971.
2. The applicant states the date of his induction should be 12 June 1970. He just noticed there was an error and the year of his induction is shown as 1971. There may have been another error as his immunization record shows he received his first shot on 11 June 1970 and he did not receive any shots before he was inducted.
3. The applicant provides his DD Form 214 and Standard Form (SF) 601 (Immunization Record).
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 of the United States (AUS) on 12 June 1970. His records contain U.S. Army Recruiting Command (USAREC) Form 180-R (Acknowledgement of Service Obligation), dated 12 June 1970, wherein it shows he acknowledged he was inducted into the AUS on that date for 2 years of active service.
3. He was honorably released from active duty on 20 January 1972. He completed 1 year, 7 months, and 9 days of creditable active service during this period of service.
5. The DD Form 214 he was issued shows in:
* item 10c - 12 June 1971
* item 22a(1) (Net Service this Period) - 1 year, 7 month, 9 days
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was inducted into the AUS on 12 June 1970. It appears an error occurred during the preparation of his DD Form 214 and this date was inadvertently entered with the wrong year. Therefore, he is entitled to correction of his DD Form 214 accordingly.
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 deleting the entry in item 10c of his DD Form 214 and replacing it with the entry 12 June 1970.
_______ _ 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) AR20140003581
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ABCMR Record of Proceedings (cont) AR20140003581
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