BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160016074 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160016074 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. ______________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: 20 June 2018 DOCKET NUMBER: AR20160016074 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) for the period ending 23 May 1969 to show he entered active duty in July 1966. 2. The applicant states: * his entry date is incorrect * his DD Form 214 shows he served more than 2 years * his entry date should reflect July 1966 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. Armed Forces Examining and Entrance Station Special Orders Number 134, dated 12 July 1966, show he enlisted in the Regular Army on 12 July 1966 for a period of 2 years. On 23 May 1967, he was honorably discharged to accept a commission. His DD Form 214 for the period ending 23 May 1967 shows: * he entered active duty on 12 July 1966 in item 17c (Date of Entry) * he completed 10 months and 12 days of net active service this period * he was honorably discharged on 23 May 1967 3. He was commissioned as a second lieutenant in the U.S. Army Reserve on 24 May 1967 with concurrent order to active duty. On 23 May 1969, he was released from active duty for expiration of active duty commitment. His DD Form 214 for the period ending 23 May 1969 shows: * he entered active duty on 24 May 1967 (commission date) * he completed 2 years of net active service during this period * he completed 10 months and 12 days (active duty service from 12 July 1966 to 23 May 1967) of other service * he completed 2 years, 10 months, and 12 days of total active service * he was honorably released from active duty on 23 May 1969 REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The instructions for item 17c stated to enter the date entered active duty or the date enlistment or reenlistment was accomplished. DISCUSSION: 1. The applicant contends his DD Form 214 for the period ending 23 May 1969 should be corrected to show he entered active duty in July 1966. 2. The evidence of record shows he entered active duty on 12 July 1966 and he was discharged on 23 May 1967 to accept a commission, which is properly shown on his DD Form 214 for the period ending 23 May 1967. A copy of this DD Form 214 will be provided to the applicant. 3. He was commissioned on 24 May 1967 and immediately ordered to active duty. He was released from active duty on 23 May 1969. Both dates are properly shown on his DD Form 214 for the period ending 23 May 1969. His prior enlisted service is also properly shown on this DD Form 214. All of his more than 2 and 1/2 cumulative years of active duty service is accurately represented on his DD Form 214 for the period ending 23 May 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016074 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016074 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2