IN THE CASE OF: 

		BOARD DATE:  5 June 2018

		DOCKET NUMBER:  AR20160013080


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	: X	: X	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		IN THE CASE OF:

		BOARD DATE:  5 June 2018

		DOCKET NUMBER:  AR20160013080


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) at item 17c (Date of Entry) to 
show 6 October 1970.

2.  The applicant states the official completing his DD Form 214 failed to put his 
date of entry into military service in item 17c.  He noticed the error when 
submitting a request for a State bonus based on his time in service.

3.  The applicant provides 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.  His DD Form 47 (Record of Induction) shows the applicant was inducted into 
the Army of the United States on 6 October 1970.

3.  Item 10c (Date Inducted) of his DD Form 214 shows his date of induction to 
have been 6 October 1970.  Item 17 (Current Active Service Other Than by 
Induction) a (Source of Entry) shows this entry is not applicable to his service.  
Item 17c likewise shows this entry is not applicable to him.  He was honorably 
discharged due to hardship on 3 November 1971, after 1 year and 28 days of net 
service this period.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes 
the separation documents that will be furnished to each individual separated from 
the Army, to include the DD Form 214, and establishes standardized procedures 
for the preparation and distribution of these documents.

	a.  Directions for the completion of DD Form 214, item 10c, state this item is 
only applicable to individuals who were inducted as opposed to enlisted.

	b.  Directions for the completion of DD Form 214, item 17a, state for enlisted 
personnel who entered the service by means other than induction to check the 
appropriate space to indicate the source of entry on current active service as 
either first enlistment, prior service, or reenlisted.

	c.  Directions for the completion of DD Form 214, item 17c, state to enter into 
this item the date of entry into current active service other than by induction.

DISCUSSION:

1.  The evidence of record shows the applicant entered military service by 
induction on 6 October 1970.  This information is appropriately documented on 
his DD Form 214 in item 10c.

2.  He did not enter military service by means of enlistment or reenlistment, thus 
items 17a and 17c of his DD Form 214 appropriately show these entries are not 
applicable to his service.



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

												 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160013080


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160013080


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2