IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011367
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 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 8 April 1969.
2. The applicant states:
* the correct entry date year is 1969, not 1964
* his DD Form 214 shows he completed his military occupational specialty (MOS) training in 1969
* he is trying to obtain health benefits through the Department of Veterans Affairs, but they are unable to proceed with his application due to this error
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 DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted in the Regular Army on 7 April 1969 for 3 years. He completed his training and was awarded MOS 95B (military policeman) in 1969. He was honorably released from active duty on 17 December 1971 after completing 2 years, 8 months, and 11 days of creditable active service.
3. His DD Form 214 shows in:
* item 11d (Effective Date) 17 December 1971
* item 17c 7 April 1964
* item 22a(1) (Net Service This Period) 2 years, 8 months, and 11 days
DISCUSSION AND CONCLUSIONS:
Since the applicant's DD Form 4 shows he enlisted in the Regular Army on 7 April 1969, item 17c of his DD Form 214 is clearly incorrect. Therefore, item 17c of his DD Form 214 should be corrected to show his date of entry as 7 April 1969.
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 deleting the current entry in item 17c of his DD Form 214 and replacing it with the entry "7 Apr 69."
_______ _ _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) AR20140011367
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ABCMR Record of Proceedings (cont) AR20140011367
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