IN THE CASE OF: BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150013496 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: 20 October 2016 DOCKET NUMBER: AR20150013496 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 amending his DD Form 214 to show his effective date of separation was 23 June 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: 20 October 2016 DOCKET NUMBER: AR20150013496 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 date of separation to show 23 June 1968. 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly shows he was separated on 23 June 1967 when in fact he was in Vietnam on that date. 3. The applicant provides a copy of his 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. The applicant was inducted into the Army of the United States on 20 September 1966, completed training, and was awarded military occupational specialty 94B (Cook). 3. His DA Form 20 (Enlisted Qualification Record), for his first period of service, provides the following: * induction on 20 September 1966 * advancement to the rank of specialist five/E-5 * service in Vietnam from 24 March 1967 through 23 June 1968 4. While in Vietnam, he served with: * Headquarters and Headquarters Detachment, 972nd Support Battalion from 7 April through 19 October 1967 * Headquarters and Headquarters Detachment, US Army Support Command from 20 October 1967 through 23 February 1968 * 509th Quartermaster Detachment (Mess) from 24 February through 19 June 1968 5. On 20 June 1968, the applicant was in a casual leave status en-route to the continental United States. He was honorably released from active duty on 23 June 1968. 6. His record contains a DD Form 214 for a period of service ending on 23 June 1967. This DD Form 214 shows in: * item 10c (Date Inducted) – 20 September 1966 * item 11d (Effective Date of Separation) – 23 June 1967 * item 22a(1) (Net Service this Period) – 1 year, 9 months, and 4 days 7. The applicant reentered the Regular Army on 4 September 1969 and he was honorably discharged on 20 October 1972. REFERENCES: Army Regulation 635-5 (Separation Documents), as then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. the date of enlistment or induction is shown in item 10c, this date is taken from the Soldier's enlistment/induction document; b. the date of separation is shown in item 11d and is taken from the Soldier's separation orders; and c. the net active service this period is shown in item 22a(1) and is determined by subtracting block 10c from block 11d. DISCUSSION: 1. The applicant is clearly completed the following periods of service: * active service from 20 September 1966 through 23 June 1968 * USAR service from 24 June 1968 through 3 September 1969 * active service from 4 September 1969 through 20 October 1972 2. It appears a typographical error was made when his separation date was entered on his DD Form 214 during his first period of active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013496 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013496 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2