BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020920
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 reflect his date of release from active duty as 26 November 1967 in lieu of 15 December 1965.
2. The applicant states:
* the effective date of his discharge is listed as the same date as his induction
* he was previously unaware of the error until it was brought to his attention by a Veterans Services Officer
* failure to correct this error will adversely affect his ability to obtain benefits
3. The applicant provides 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 47 (Record of Induction) shows he was inducted into the Army of the United States on 15 December 1965.
3. Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty ) of his DA Form 20 (Enlisted Qualification Record) likewise shows his date of induction as 15 December 1965. Item 38 (Record of Assignments) shows he completed basic combat training and advanced individual training, was assigned to the 155th Aviation Company in the Republic of Vietnam, and was released from active duty and transferred to the U.S. Army Reserve on 25 November 1967.
4. U.S. Army Personnel Center, Fort Lewis, Special Orders Number 329, dated 25 November 1967, released him from active duty effective 25 November 1967 and reassigned him to the U.S. Army Reserve Control Group (Annual Training).
5. Item 10c (Date Inducted) of his DD Form 214 shows in he was inducted into the Army of the United States on 15 December 1965 and item 11d (Effective Date) also shows he was transferred to the U.S. Army Reserve on 15 December 1965.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect his date of release from active duty as 26 November 1967 in lieu of 15 December 1965 was carefully considered.
2. It appears that an administrative error was made when preparing his DD Form 214. The evidence of record, to include his DA Form 20 and Special Orders Number 329, corroborates the applicant's contention that he was inducted into the Army of the United States on 15 December 1965 and was released from active duty on 25 November 1967.
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 11d of his DD Form 214 to show his effective date of release from active duty as 25 November 1967.
____________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) AR20140020920
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ABCMR Record of Proceedings (cont) AR20140020920
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