IN THE CASE OF: BOARD DATE: 30 December 2008 DOCKET NUMBER: AR20080008010 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 the date of entry in Item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 March 1969 be changed to read 6 March 1966 instead of 15 November 1966. 2. The applicant states, in effect, the date of entry on his DD Form 214 is incorrect. 3. The applicant provides a copy of his DD Form 214 with an effective date of 6 March 1969 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 enlistment contract executed in 1966 was not available for review. 3. On a 4RD Form 41 (Acknowledgment of Service Obligation under UMT&S Act [Universal Military Training and Service Act] as Amended by Reserve Forces Act of 1955 and REP 63 Program [Reserve Enlistment Program 1963]), dated 15 March 1966 and signed by the applicant, he acknowledged that he had voluntarily enlisted on 15 March 1966 for a period of 3 years in the Regular Army. 4. Headquarters, U.S. Army Reception Station, Fort Polk, Louisiana Special Orders Number 58, dated 18 March 1966, lists the applicant and identifies him with an ETS (expiration of term of service) of 14 March 1969, a BPED (Basic Pay Entry Date) of 15 March 1966, and an ADC (active duty commitment) of 36 months. Additional orders in his military personnel records jacket (MPRJ) identify the applicant with the same ETS, BPED, and ADC. 5. Headquarters, U.S. Army Engineer Center and Fort Belvoir, Fort Belvoir, Virginia Special Orders Number 66, dated 19 March 1968 lists the applicant and identifies him with a basic active service dated (BASD) of 15 March 1966, a BPED of 15 March 1966, and an ETS of 14 March 1969. Additional orders in his MPRJ identify the applicant with the same BASD, BPED, and ETS. 6. On 6 March 1969, the applicant was released from active duty by reason of being an overseas returnee. Item 17c of his DD Form 214 contains the entry "15 Nov 66" (15 November 1966). Item 22a(1) (Net Service This Period) contains the entry "2 11 22" (2 years, 11 months, and 22 days). Item 26a (Non-Pay Periods Time Lost) contains the entry "NONE." 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation, in pertinent part, stated that the date entered on active duty or date enlistment or reenlistment was accomplished would be entered in Item 17c of the Soldier's DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the date of entry on his DD Form 214 should be 6 March 1966. 2. The applicant signed a document acknowledging he had enlisted in the Regular Army on 15 March 1966 for 3 years. 3. The applicant's military personnel record contains orders that identify him with an ADC of 36 months and an ETS of 14 March 1969. This indicates that his date of entry would have been 15 March 1966. 4. The applicant's military personnel record also contains orders that identify him with a BASD of 15 March 1966. 5. The applicant's DD Form 214 shows he completed 2 years, 11 months, and 22 days of active service. Subtracting this service from his date of release from active duty, 6 March 1969, provides the date 15 March 1966. 6. In view of the above, although the applicant's actual enlistment contract is unavailable, it is clear that the applicant entered active service on 15 March 1966. Therefore, Item 17c of his DD Form 214 should be amended to show his date of entry as 15 March 1966. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X ____ _X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 17c of his DD Form 214 to show his date of entry as 15 March 1966. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing 6 March 1966 as his date of entry. _______ _ 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) AR20080008010 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008010 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1