IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009908 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009908 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 entry "21 December 1967" from item 17c of his DD Form 214 for the period ending 5 September 1968 * adding the entry "21 December 1965" to item 17c of his DD Form 214 for the period ending 5 September 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. IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009908 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 second DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his date of entry as 21 December 1965 in lieu of 21 December 1967. 2. The applicant states: * his first DD Form 214 shows he was inducted into the Army of the United States on 14 December 1965 and discharged on 20 December 1965 * his second DD Form 214 shows a date of entry of 21 December 1967, but it should read 21 December 1965 * he enlisted on 21 December 1965 and believes a clerical error resulted in the incorrect date of entry on his second DD Form 214 3. The applicant provides: * DD Form 214 covering the period 14 December 1965 through 20 December 1965 * DD Form 214 covering the period 21 December 1967 through 5 September 1968 * Headquarters, U.S. Army Personnel Center, Special Orders Number 248, dated 4 September 1968 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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 14 December 1965. 3. His initial DD Form 214 covering the period 14 December 1965 through 20 December 1965 shows he was honorably discharged from the Army of the United States on 20 December 1965 after 7 days of service for the purpose of immediate enlistment in the Regular Army. Headquarters, Fort Polk, Special Orders Number 312, dated 21 December 1965, corroborate his discharge on 20 December 1965. 4. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 21 December 1965. 5. Item 17c (Date of Entry) of his second DD Form 214 shows he entered active duty on 21 December 1967. He was honorably released from active duty on 5 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 22a(1) (Net Service This Period) shows he completed 2 years, 8 months, and 15 days of active service during this period. The applicant provided Headquarters, U.S. Army Personnel Center, Special Orders Number 248, dated 4 September 1968, corroborating his release from active duty on 5 September 1968. 6. His DA Form 20 (Enlisted Qualification Record) shows his total years of service from 14 December 1965 through 5 September 1968. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions for item 17c stated to enter the date entered active duty or date enlistment or reenlistment was accomplished. If the service record of an enlisted member of the Regular Army indicates the individual was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item will be the earliest date not previously covered by a DD Form 214. DISCUSSION: 1. The applicant was inducted into the Army of the United States on 14 December 1965 and issued a DD Form 214 on 20 December upon his discharge for the purpose of immediate enlistment in the Regular Army. 2. The evidence shows he enlisted in the Regular Army on 21 December 1965 and served continuously until his release from active duty on 5 September 1968. 3. The second DD Form 214 he was issued erroneously shows this period of service as 21 December 1967 through 5 September 1968, when in fact his date of entry for this period of service was 21 December 1965. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009908 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009908 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2