IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002859
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 dates of service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 26 November 1965.
2. The applicant states his actual date of entry on active duty was 27 November 1963 and he was released from active duty on 26 November 1965.
3. The applicant provides:
* Selective Service System Form 252 (Order to Report for Induction)
* orders, dated 10 April 1967, to report for active duty for training
* orders, dated 29 October 1965, for the award of the Army Good Conduct Medal
* 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. U.S. Army Recruiting Main Station Beckley Special Orders Number 242, dated 27 November 1963, show he was inducted on 27 November 1963 for an active duty commitment of 24 months.
3. Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC Special Orders Number 277, dated 22 November 1965, show he was released from active duty not by reason of physical disability on 26 November 1965.
4. His DD Form 214 provides the following information in:
* item 11d (Effective Date) - 26 November 1965
* item 16 (Date Inducted) - 27 November 1965
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated:
* item 11d enter the date of separation as specified in separation orders
* item 16 enter the date of induction and entry on active duty as specified in induction orders
DISCUSSION AND CONCLUSIONS:
1. Special Orders Number 242 dated 27 November 1963, shows he was inducted on 27 November 1963. The entry in item 16 of his DD Form 214 is obviously in error. The correct entry for item 16 is 27 November 1963.
2. Special Orders Number 277 dated 22 November 1965 shows he was released from active duty on 26 November 1965. The entry in item 11d of his DD Form 214 is correct.
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 16 of his DD Form 214 for the period ending 26 November 1965 as follows:
a. delete the entry "27 Nov 65"
b. add the entry "27 November 1963"
_______ _ _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) AR20150002859
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002859
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022164
The applicant requests, in effect, 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 service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...
ARMY | BCMR | CY2011 | 20110012880
He was not promoted to SGT during the period covered by this DD Form 214. c. He did not serve through 1965 during the period covered by his DD Form 214. d. He arrived in Germany on 18 April 1960 and remained in Germany through his release from active duty date on 5 November 1961, a period of 1 year, 6 months, and 27 days. With respect to his first DD Form 214 that covered his active duty from 6 November 1961 to 22 March 1963, the applicant will be provided with a copy of this form: a. He...
ARMY | BCMR | CY2009 | 20090003312
The applicant requests, in effect, that item 11d (Effective Date) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his separation date as 3 June 1963 instead of 28 April 1963. The applicant provides his DD Form 214, REFRAD orders, and a DA Form 8-118 (Medical Board Proceedings) in support of his application. Item 10 (Total Years of Military Service) shows the applicant completed 7 months of active duty service.
ARMY | BCMR | CY2011 | 20110019613
The applicant states, in effect: * His DOR is 9 September 1966, not 9 September 1967 * He was inducted on 25 or 26 May 1965, not 27 May 1966 * He was separated on 29 April 1969, not 6 April 1968 * Item 25 of his DD Form 214 should show he completed basic combat training (BCT) and advanced individual training (AIT) * He completed the 8-week Wireman course in 1965, not 1966 * Item 25 of his DD Form 214 should show he completed the 8-week Switchboard Course, 2-week Film Projection School, and...
ARMY | BCMR | CY2012 | 20120010970
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Vietnam service * Combat Infantryman Badge (CIB) * Presidential Unit Citation * marksmanship qualification badges * infantry, parachute rigger, and transportation specialist military occupational specialties (MOS's) * jungle warfare training, infantry advanced individual training (AIT), and leadership training 2. Therefore, it would be appropriate to amend the...
ARMY | BCMR | CY2014 | 20140020920
The applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 15 December 1965. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2001 | 2001058986C070421
a. correction of item 18b (Prior Active Service) on his DD Form 215 (Correction to DD Form 214), dated 18 December 1981, which amended his DD Form 214 (Report of Separation from Active Duty) originally dated 18 November 1975 to show the entry “06 02 00”; The Board considered the applicant’s contention that item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 18 March 1963 should be corrected to show MOS 121.63. The Board also considered the applicant’s...
ARMY | BCMR | CY2012 | 20120001453
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...
ARMY | BCMR | CY2010 | 20100018600
The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...
ARMY | BCMR | CY2007 | 20070006849
Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) show that Headquarters, United States Army Special Forces, Vietnam Special Orders 76, dated 22 July 1964 awarded him the "Medical Badge." Evidence of record shows that the applicant completed the Republic of Vietnam Special Forces Parachute training on 24 May 1964. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by deleting...