IN THE CASE OF:
BOARD DATE: 9 June 2014
DOCKET NUMBER: AR20140018399
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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* dates of service
* home of record at time of entry into active service
2. The applicant states his dates of service were from 7 June 1967 to
15 September 1970. His address when he entered into active service was an address on West Fullerton in Chicago, IL.
3. The applicant provides an unsigned and undated statement.
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. A DD Form 4 (Enlistment Contract, Armed Forces of the United States), dated 17 March 1971, shows he enlisted on 17 March 1971 in the Regular Army for
3 years. The DD Form 4 provides the following information:
* item 6 (Date of Enlistment/Induction) shows his enlistment date was
17 March 1971
* item 21 (Date of Birth) - 15 May 1951
* item 41 (Home of Record) shows an address on Logan Boulevard in Chicago, IL
* item 49 (Prior Service) does not show he had any prior service
3. A DD Form 398 (Statement of Personal History), signed by the applicant on 17 March 1971, provides the following information:
* item 4 (Permanent Mailing Address) shows an address on Logan Boulevard in Chicago, IL
* item 8 (Military Service) does not show he had any prior service
* item 15 (List All Residences from 1 January 1937) does not contain an address on West Fullerton, Chicago, IL
4. Headquarters, U.S. Army Personnel Center Special orders Number 181, dated 30 June 1971, show he was discharged on 30 June 1971. His permanent address is shown as an address on Logan Boulevard. He was issued a
DD Form 214 that provides the following information:
* item 9 (Date of Birth) - 15 May 1951
* item 11d (Effective Date) - 30 June 1971
* item 17c (Date of Entry) - 17 March 1971
* item 21 (Home of Record at Time of Entry into Active Service) - an address on Logan Boulevard in Chicago
5. The applicant's Military Personnel Records Jacket (MPRJ) does not contain any other DD Forms 214 showing any other periods of service.
6. He provided an unsigned, undated statement that describes an assault on an enemy bunker on 23 February 1968.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Instructions for the following items was provided:
* item 11d - enter the date separation is accomplished
* item 17c - enter the date entered on active duty or the date of enlistment or reenlistment was accomplished
* item 21 - enter the home of record at the time of entry into active duty as shown on enlistment record, regardless of place physically located at time of entry on active duty
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his period of service should be from 7 June 1967 to
15 September 1970. There is no record of him serving on active duty during this period. His DD Form 4 and DD Form 398 do not show any previous periods of service. It is noted that on 7 June 1967 the applicant was 16 years of age. If he did in fact serve during this period, a DD Form 214 would have been issued on
15 September 1970.
2. His orders for separation show he was discharged on 30 June 1971. Therefore, the entry in item 11d of his DD Form 214 is correct.
3. His DD Form 4 shows he enlisted in the Regular Army on 17 March 1971. Therefore, the entry in item 17c of his DD Form 214 is correct.
4. His DD Form 398, DD Form 4, and his orders for discharge show an address on Logan Boulevard, Chicago, IL. Therefore, the entry in item 21 of his
DD Form 214 is correct.
5. In view of the above, there is no basis on which to grant relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140018399
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ABCMR Record of Proceedings (cont) AR20140018399
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