IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000351
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 item 17c (Date of Entry) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active duty on 1 December 1965, vice 1 December 1955.
2. The applicant states, in effect, that as he was born in 1946, he would have only been 9 years old in 1955. His correct year of entry into military service is 1965, thereby corresponding to his 4 years of service with his discharge in 1969.
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. The applicant's military record contains the following documents:
a. DD Form 4 (Enlistment Record - Armed Forces of the United States) showing he enlisted in the Regular Army for 4 years on 1 December 1965.
b. Special Orders Number 108, issued by the Armed Forces Examining and Entrance Station, San Antonio, TX on 1 December 1965, which assigned him to Fort Leonard Wood, MO. This order shows his basic active service date (BASD) and his basic pay entry date (BPED) as 1 December 1965.
3. He was honorably released from active duty and transferred to the U.S. Army Reserve on 30 November 1969, after completing 4 years of total active service. Item 17c of his DD Form 214 contains the entry "1 DEC 55."
4. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing the date entered active duty states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 17c of his DD Form 214 should be corrected to show he entered active duty on 1 December 1965 vice 1 December 1955.
2. His DD Form 4 and Special Orders Number 108 confirm he entered active duty on 1 December 1965. However, his DD Form 214 shows he entered active duty on 1 December 1955 and was honorably released from active duty on 30 November 1969 after completing 4 years of service.
3. Therefore, item 17c of his DD Form 214 clearly contains an administrative error and should be corrected to show he entered active duty on 1 December 1965, as confirmed by his enlistment record and orders.
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 amending item 17c of his DD Form 214 by deleting the current entry and replacing it with the entry "1 DEC 65."
___________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) AR20140011984
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ABCMR Record of Proceedings (cont) AR20150000351
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