BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003246 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 BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003246 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by amending item 12a (Date Entered Active Duty this Period) of his DD Form 214 by deleting the current entry and replacing it with the entry "65 09 11." _____________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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003246 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 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in 1965 instead of 1966. 2. The applicant states he recently found a typographical error that occurred during the preparation of his DD Form 214. The following information listed on his DD Form 214 provides clear evidence that he did not enter active duty in 1966: * item 12c (Net Active Service This Period) shows 22 years, 5 months, and 19 days; this service is computed by subtracting his entry date in 1965 from his retirement date * item 14 (Military Education) shows completion of the Officer Infantry Basic Course in 1965 * item 18 (Remarks) show his service in Vietnam began on 10 September 1966, which is the day prior to the date he entered AD on his DD Form 214 (11 September 1966) 3. The applicant provides copies of his DD Form 214 and a DD Form 215 (Correction to the DD Form 214) with his application. 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 military record shows he was appointed a Reserve commissioned officer in the rank of second lieutenant and entered active duty in the Infantry Branch on 11 September 1965. His official military personnel file (OMPF) includes the following documents that show he entered active duty on 11 September 1965: * DA Form 66 (Officer Qualification Record) (page 2 only) * ACPZ Form 930 (Computation of Service by Category) * DD Form 220 (Active Duty Report) * Officer Record Brief 3. He continuously served on active duty until he retired on 29 February 1988. The DD Form 214 he was issued includes the following entries in: * item 12a “66 09 11” * item 12b (Separation Date This Period) "88 02 29" * item 12c "22 05 19" REFERENCE: Army Regulation 635-8 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains item-by-item instructions for preparing the DD Form 214. It states for: * item 12a, enter the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued * item 12b, enter the Soldier's transition date * item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from 12b DISCUSSION: The applicant contends item 12a of his DD Form 214 should be corrected to show he entered active duty in 1965. The evidence of record confirms he entered active duty on 11 September 1965 and he retired on 29 February 1988. However, his DD Form 214 shows he entered active duty on 11 September 1966. According to the regulation, the DD Form 214 should reflect accurate information for the period covered. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003246 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2