IN THE CASE OF: BOARD DATE: 2 July 2013 DOCKET NUMBER: AR20120021376 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 item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * the induction date is missing from his DD Form 214 * he cannot process with the Department of Veterans Affairs clinic without it * his induction or commissioning was on or about August 1968 3. The applicant provides: * DD Form 214 * U.S. Army Reserve (USAR) discharge orders, dated 17 July 1974 * letter from the National Personnel Records Center, St. Louis, MO, dated 5 November 2012 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 was appointed as a second lieutenant in the USAR on 30 July 1965. 3. His DD Form 220 (Active Duty Report), dated 14 October 1965, shows his date of entry upon tour of duty (effective date) as 1 September 1965. 4. A U.S. Army Reserve Components Personnel and Administration Center AGPZ Form 930 (Computation of Service by Category), dated 29 December 1966, shows his date of entry on active duty in his current tour as 1 September 1965. 5. On 31 August 1968, he was released from active duty. 6. His DD Form 214 shows in: * item 11d (Effective Date) – the entry "31 Aug 68 [31 August 1968]" * item 17a (Current Active Service Other Than by Induction) – an "X" in the "Other" box and the entry "Ordered to AD [Active Duty]" * item 17c – the entry "NA [Not Applicable]" * item 22a(1) (Net Service This Period) – the entry "3  0  0 [3 years]" * item 22a(2) (Other Service) – the entry "0  1  1 [1 month and 1 day]" 7. The period 1 September 1965 (date of entry shown on his DD Form 220) through 31 August 1968 (separation date) equals 3 years of net service during this period as shown on his DD Form 214. DISCUSSION AND CONCLUSIONS: Since the applicant's DD Form 220 and AGPZ Form 930 show he entered active duty on 1 September 1965 and his DD Form 214 shows he was released from active duty on 31 August 1968 after completing 3 years of net service during this period, item 17c of his DD Form 214 should be corrected to show his date of entry as 1 September 1965. 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 deleting the current entry from item 17c of his DD Form 214 and replacing it with the entry "1 Sep 65." _____________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) AR20120021376 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120021376 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1