IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140011984
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 12a (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
a. item 12a of his DD Form 214 incorrectly shows he entered active duty in 1965 instead of 1972; and
b. given that he was born in 1955, he would have only been 10 years old when he entered active duty according to the date shown on his DD Form 214.
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 military record includes a DD Form 4 (Enlistment Contract-Armed Forces of the United States) showing he enlisted in the Regular Army on 27 October 1972
3. He was discharged on 23 July 1974. The DD Form 214 issued him at that time includes the following entries:
* item 12a "1965 10 27"
* item 12b (Separation Date This Period) "1974 07 23"
* item 12c (Net Active Service This Period) "01 08 25"
4. Army Regulation 635-8 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains item-by-item instructions for preparing the DD Form 214 and states for:
* item 12a, enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued
* item 12b, enter the Soldier's transition date
* item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from 12b
DISCUSSION AND CONCLUSIONS:
The applicant contends item 12a of his record should be corrected. The applicant's DD Form 4 confirms he entered active duty on 17 October 1972. However, his DD Form 214 shows he entered active duty on 17 October 1965 (item 12a), was discharged 23 July 1974, and completed 1 year, 8 months, and 25 days of active duty service. Therefore, item 12a of his DD Form 214 clearly contains an error and should be corrected at this time to show the entry
"1972 10 27" as confirmed by his DD Form 4.
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 amending item12a of his DD Form 214 by deleting the current entry and replacing it with the entry "1972 10 27".
__________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) AR20140011984
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ABCMR Record of Proceedings (cont) AR20140011984
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