IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013237 


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 correct dates of service.

2.  The applicant states that the dates of his service on his DD Form 214 are wrong and need to be corrected.

3.  The applicant provides copies of his DD Form 214 and his Honorable Discharge Certificate 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 personnel records for the period from 1961 to 1967 are not available.  However, his subsequent records dating from about 1973 are available and provide sufficient documentation to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214, effective 15 August 1967, shows the following:

	a.  that he enlisted on 26 October 1967 for 6 years;

	b.  that he had 9 months and 14 days of "other" service;

	c.  that he had 5 years, 9 months, and 20 days of active duty service during this period;

	d.  that he was honorably discharged on 15 August 1967; and

	e.  that he completed a total of 6 years, 7 months, and 4 days of total active service.

4.  A DA Form 1696 (Enlistment Qualifying Application), dated 20 June 1973, shows that the applicant had served in the Army from 10 January 1961 to 26 October 1967 and had attained the rank of sergeant, pay grade E-5.

5.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows that he served on active duty from January 1961 to October 1967.

6.  A DD Form 4 (Enlistment Contract), dated 27 July 1973, shows that the applicant had previously served in the Regular Army from 26 October 1961 to 15 August 1967.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct date of entry into the service.

2.  The available evidence clearly shows that the applicant entered military service on 10 January 1961, although it cannot be determined if his entry was through enlistment or induction.  He should have received a DD Form 214 for the period 10 January 1961 through 25 October 1961, and administrative regularity must be presumed.  He then enlisted or immediately reenlisted on 26 October 1961 and was honorably discharged on 15 August 1967.  Therefore, his DD Form 214 for the period ending 15 August 1967 should show his date of entry as 26 October 1961.

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 showing on his DD Form 214 his date of entry as 26 October 1961.



      ____________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)                                         AR20090013237



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ABCMR Record of Proceedings (cont)                                         AR20090013237



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