BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001397
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) ending 22 February 1970 to show he entered active duty service on 17 September 1967 (sic).
2. The applicant states that an administrative clerk at Fort Rucker, Alabama, made the error on his DD Form 214.
3. The applicant provides:
* Certificate of Achievement, dated 1 December 1967
* DD Form 214 for the period ending 22 February 1970
* DD Form 214 for the period ending 23 December 1971
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. His record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) for a period of 3 years on 29 September 1967.
3. On 22 February 1970, the applicant was discharged for the purpose of accepting an appointment as a warrant officer. His DD Form 214 shows in:
a. Item 17c (Date of Entry) "29 Nov 67" and
b. Item 22 (Statement of Service):
* a(1) (Net Service this Period) "2 2 24" (indicating 2 years, 2 months, and 24 days)
* a(3) (Total) "2 2 24"
4. The applicant served in the RA from 29 September 1967 to 22 February 1970, a period of 2 years, 4 months, and 24 days.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It stated for item 17c to enter the date entered active duty or date enlistment or reenlistment was accomplished.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 ending 22 February 1970 should be corrected to show he entered active duty service on 17 September 1967.
2. The available evidence shows the applicant enlisted in the RA on
29 September 1967.
3. His DD Form 214 ending 22 February 1970 should be corrected accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X______ ___X_____ __X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 17c of his DD Form 214 for the period ending 22 February 1970 and replacing it with "29 Sep 67" and
b. deleting the entries in items 23a (1) and 23a (3) of this DD Form 214 and replacing them with "2 4 24."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he entered active duty on 17 September 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) AR20110010197
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ABCMR Record of Proceedings (cont) AR20150001397
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