BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140021337
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active duty in March 1969 instead of 10 August 1970.
2. The applicant states he started his enlistment in "SC" and was in the old Army.
3. The applicant provides a 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 complete military records are not available for review. With his application, however, he provides a copy of his DD Form 214.
3. Based upon the DD Form 214 he provides, the applicant appears to have enlisted in the Regular Army on 10 August 1970.
4. His DD Form 214 shows he was discharged from active duty on 14 May 1971. His DD Form 214 also shows he completed 8 months and 2 days of net active creditable service.
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his enlistment date be amended to show he entered active duty in March 1969. His complete military records, however, are not available for review. Additionally, the only documentation he provides is his DD Form 214, which shows his enlistment date as 10 August 1970 (a date he contends is incorrect). As such, there is no evidence upon which to base granting the requested relief.
2. Should the applicant be able to provide documents, such as an enlistment contract or orders showing his date of entry on active duty was a date other than that shown on his DD Form 214, within 1 year of the date of the Board's decision his application can be reconsidered.
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) AR20140021337
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ABCMR Record of Proceedings (cont) AR20140021337
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