IN THE CASE OF: BOARD DATE: 30 October 2014 DOCKET NUMBER: AR20140004602 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in item 17c (Date of Entry) that his date of entry was 22 August 1967. 2. The applicant states, in effect, that his DD Form 214 incorrectly reflects that he entered active duty on 27 August 1970 and was released from active duty on the same date. 3. The applicant provides copies of his DD Form 214 and Army Good Conduct Medal. 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 inducted on 22 August 1967 and was transferred to Fort Campbell, Kentucky to undergo his basic training. On 27 August 1967, he was honorably discharged for the purpose of enlisting in the Regular Army. He was issued a DD Form 214 reflecting his 6 days of active service, 3. On 28 August 1967, he enlisted in the Regular Army for a period of 3 years and training as a preventative medicine specialist. 4. He completed his advanced individual training at Fort Sam Houston, Texas and remained there for his first assignment until he was transferred to Vietnam on 24 February 1968. He departed Vietnam on 17 February 1969 and was transferred to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 27 August 1970 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows his date of entry in item 17c as “27 August 1970.” It also reflects 6 days of other service that is covered by a separate DD Form 214. 5. Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that a DD Form 214 would be issued for each period of service, to include immediate reenlistments. That regulation was subsequently changed and remains in force today. It provides that a DD Form 214 is no longer issued for immediate reenlistments unless there is a break in service of at least 24 hours. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 should be corrected to show his correct entry date has been noted and found to have partial merit. His DD Form 214 should be corrected to show a date of entry of 28 August 1967 instead of 22 August 1967 as he was issued a DD Form 214 covering the period 22 August to 27 August 1967. A copy of his first DD Form 214 will be provided to him. 2. Accordingly, his DD Form 214 should be corrected to show a date of entry in item 17c of 28 August 1967. 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: * Deleting the entry “22 Aug 70” from item 17c of his DD Form 214 for the period ending 27 August 1970 * Adding the entry “28 Aug 67” to item 17c of his DD Form 214 for the period ending 27 August 1970 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 changing his date of entry on his DD Form 214 for the period ending 27 August 1970 to 22 August 1967. 3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20140004602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1