IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140010317
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) by showing his date of induction.
2. The applicant states the date he was inducted into the Army of the United States (AUS) was omitted from 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. Special Orders Number 175, Armed Forces Examining and Entrance Station, New York, NY, dated 10 September 1969, announced the applicant's induction into the AUS effective that same day with a report date not later than 1700 hours, 11 September 1969.
3. Records show that the applicant immediately complied with the orders discussed above and reported for basic combat training which was followed by advanced individual training.
4. On 13 March 1970, the applicant was assigned as a student noncommissioned officer candidate at Fort Benning, GA. Upon completion of this training, he departed for duty in the Republic of Vietnam (RVN).
5. On or about 21 June 1970, the applicant was assigned for duty as a rifleman in the RVN. He departed the RVN on 19 April 1971.
6. On 24 April 1971, the applicant was released from active duty (REFRAD). His DD Form 214 shows:
a. in Item 10c (Date Inducted): No entry was made;
b. in Item 11d (Effective Date): 24 April 1971; and
c. in Item 22a (Net Service this Period): 1 year, 7 months, and 15 days.
7. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It further required, when applicable, an entry in Item 10c showing the Soldier's date of induction.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his date of induction.
2. The available evidence of record shows that the applicant was:
* inducted into the AUS: 1969 09 10
* REFRAD: 1971 04 24
* Net Service this period: 1 year, 7 months, 15 days
3. A review of the applicant's DD Form 214 shows that his date of induction was not entered. Therefore, it would be appropriate to do so now.
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 showing in Item 10c of the applicant's DD Form 214 his date of induction as
10 September 1969.
__________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) AR20140010317
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ABCMR Record of Proceedings (cont) AR20140010317
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