IN THE CASE OF:	   

		BOARD DATE:	  	  7 October 2008

		DOCKET NUMBER:  AR20080012191 


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) to show his date of entry as 11 December 1964.

2.  The applicant states that his DD Form 214 shows he separated a day before he entered active duty.  He states he served 3 years from 1964 to 1967.  

3.  The applicant provides no additional documents in support of his application.  

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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 11 December 1964 for a period of three years.  

3.  U.S. Army Recruiting Main Station, Ashland, Kentucky Special Orders Number 255, dated 11 December 1964, show the applicant’s basic pay entry date (BPED) as 11 December 1964.  

4.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) shows he entered active service on 11 December 1964.   

5.  Item 17c (Date of Entry) on his DD Form 214 shows he entered active duty on 11 December 1967.  He completed 3 years of active military service.  

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In the version in effect at the time, it directed that the date entered active duty would be entered in item 17c of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Enlistment Record and enlistment orders show he entered active duty on 11 December 1964.  However, his DD Form 214 incorrectly reflects his date of entry on active duty as 11 December 1967 in item 17c.

2.  It appears that an administrative error has occurred in this case regarding the applicant’s date of entry on active duty.  Therefore, it would be appropriate to amend his DD Form 214 to show his date of entry as 11 December 1964.  

BOARD VOTE:

___XX_____  ___XX_____  ___XX_____  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 on his DD Form 214 to show his date of entry as 11 December 1964.



      ______XXXX________________
               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)                                         AR20080012191



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ABCMR Record of Proceedings (cont)                                         AR20080012191



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