IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020425
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 on 14 August 1968.
2. The applicant states his DD Form 214 shows he entered active duty on 14 August 1970; he actually entered active duty on 14 August 1968. He was released from active duty on 13 August 1970.
3. The applicant provides:
* second application, dated 24 February 2015
* DD Form 214
* two pay vouchers
* reassignment orders
* reemployment rights and employment data form
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 on 14 August 1968.
3. He provided reassignment orders, dated 9 October 1968, showing he was reassigned to Fort Polk, LA, for advanced individual training effective 19 October 1968.
4. He completed his training and was awarded military occupational specialty 94B (cook). He was honorably released from active duty on 13 August 1970 after completing 2 years of creditable active service.
5. His DD Form 214 shows in:
* item 10c (Date Inducted) 14 August 1970
* item 11d (Effective Date) 13 August 1970
* item 22a(1) (Net Service This Period) 2 years
6. He provided a U.S. Department of Labor Reemployment Rights and Employment Data form, dated 12 August 1970, which shows he served on active duty from 14 August 1968 to 13 August 1970.
DISCUSSION AND CONCLUSIONS:
The applicant contends his date of induction and entry on active duty was 14 August 1968 and his DD Form 47 confirms this date. Therefore, item 10c of his DD Form 214 should be corrected to show this date.
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 10c of his DD Form 214 and replacing it with the entry "14 August 1968."
_______ _ 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) AR20140020425
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020425
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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