IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100020138


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 (Report of Separation from Active Duty) to show the date he entered active duty as 3 November 1970 instead of 3 November 1971.

2.  The applicant states he entered the service on 3 November 1970.

3.  The applicant provides no additional documentation.

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 Contract – Armed Forces of the United States) shows he enlisted in the Regular Army for 3 years on 3 November 1970.  He completed training as a motor transport operator.

3.  He was discharged under honorable conditions (general) on 7 June 1972.  The DD Form 214 he received at that time shows the date he entered active duty as 3 November 1970.

4.  On 13 February 1975, the Army Discharge Review Board (ADRB) upgraded the applicant's general discharge to an honorable discharge.  The new DD Form 214 he received as a result of his discharge upgrade shows the date he entered active duty as 3 November 1971.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty, discharge, or retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The evidence of record shows an administrative error was made during the preparation of the DD Form 214 he received as a result of his discharge upgrade by the ADRB.

3.  His DD Form 4 shows he enlisted in the Regular Army on 3 November 1970 and his DD Form 214 should be corrected to show the date he entered active duty as 3 November 1970.

4.  In view of the foregoing, the applicant's request should be granted.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 his DD Form 214 to show the date entered active duty as 3 November 1970.



      ____________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100020138



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