IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010080
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) in 1968 instead of 1969.
2. The applicant states he was inducted on 3 April 1968 and his DD Form 214 clearly shows he served for 2 years.
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 4 April 1968, 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 allied documents, which confirm this date.
3. On 3 April 1970, he was 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
4 April 1969.
b. Item 22a(1) (Statement of Service Creditable for Basic Pay Purposes Net Service This Period) he completed 2 years of net service between his date of induction and his date of separation.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It stated 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 4 April 1968 and his record contains other allied documents pertaining to his induction that also show he was inducted on 4 April 1968.
2. His DD Form 214 shows his induction date as 4 April 1969; however, it also shows his separation date as 3 April 1970. Since his DD Form 214 shows he served 2 years of net service between his date of induction and his date of separation, there is clearly a discrepancy between the two dates. It is not unreasonable to conclude this discrepancy resulted from an administrative error that was not discovered at the time. His induction date is listed incorrectly on his DD Form 214; therefore, his record should be corrected to present a proper and factual record of his true induction date.
3. In view of the foregoing, there is a sufficient basis to grant the requested relief in this case.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 of his DD Form 214 to delete the entry "4 Apr 69" and replace it with the entry "4 Apr 68."
____________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) AR20100015378
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ABCMR Record of Proceedings (cont) AR20140010080
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