IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006865 


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 on active duty as 18 March 1968.

2.  The applicant states only part of his prior request for correction of his records was addressed.  His date of entry on active duty was not addressed and this is causing some problems obtaining other benefits.

3.  The applicant provides copies of his previous application, social security card, DD Form 214, and DD Form 215 (Correction to 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.  In May 2010, the applicant's records were administratively corrected to show his proper social security number.  However, his request for correction of his date of entry on active duty was not addressed.

3.  The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he entered active duty on 18 March 1968 for 3 years.

4.  The applicant was honorably released from active duty on 17 March 1971.  His DD Form 214 shows his date of entry as 18 March 1969 with 3 years of creditable service.

DISCUSSION AND CONCLUSIONS:

The applicant clearly entered active duty in 1968, not 1969.  Therefore, it is appropriate correct his DD Form 214 to show his date of entry on active duty as 18 March 1968.

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 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 his DD Form 214 to show he entered active duty on 18 March 1968.



      _______ _  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)                                         AR20130006865



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ABCMR Record of Proceedings (cont)                                         AR20130006865



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