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