IN THE CASE OF

		BOARD DATE:	    12 August 2014

		DOCKET NUMBER:  AR20130021888 


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 10 January 1996 (interpreted to mean 10 January 1966). 

2.  The applicant states he is attaching documentation to prove that his date of entry should be 10 January 2013 (interpreted to mean 10 January 1966). 

3.  The applicant provides his DD Form 214 and DD Form 4 (Enlistment Record-Armed Forces of the United States). 

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 records show he enlisted in the Regular Army on 10 January 1966.  His DA Form 20 (Enlisted Qualification Record) shows he completed basic combat and advanced individual training at Fort Polk, LA during the period        14 January 1966 to 21 May 1966. 

3.  Special Orders Number 122, issued by Headquarters, Fort Polk, LA on         11 May 1966, ordered him on a permanent change of station to the Federal Republic of Germany, proceeding on or about 21 May 1966.

4.  He was honorably released from active duty on 11 December 1968.  His     DD Form 214 shows in:

* Item 17c (Date of Entry): "10 JUN 66," indicating 10 June 1966
* Item 22a (Statement of Service-Net Service This Period): "2–11–2," indicating he served for 2 years, 11 months, and 2 days 

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 provides a brief, clear-cut record of active Army service at the time of a Soldier's release from active duty, retirement or discharge.  Paragraph 41 of this regulation stated that the date the Soldier entered on active duty would be entered in item 17c of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 10 January 1966.  He completed 2 years, 11 months, and 2 days of active service and was honorably separated on 11 December 1968.  He did not enlist in 1996 or in 2013 as he states on his application.  

2.  His DD Form 214 incorrectly lists his date of entry on active duty as 10 June 1966 vice 10 January 1966.  Therefore, he is entitled to correction of his          DD Form 214 to correct this entry. 









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 deleting from item 17c the entry "10 JUN 66" and adding the entry "10 JAN 66." 




      ___________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)                                         AR20130021888



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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