IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019073 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 IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019073 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019073 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, in effect, correction of item 16 (Date Inducted), item 11d (Effective Date), and item 3b (Date of Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 16 the entry 1 October 1962 instead of 2 October 1964, in item 11d the entry 2 October 1964 instead of 1 October 1964, and in item 3b an entry other than what is listed. 2. The applicant states he joined the Army just after his 18th birthday, 1 October 1962, and was told by his recruiter that had he not joined, he was in line to be drafted. 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's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 2 October 1962. 3. Unit Orders Number 7 issued by Company B, 5th Battle Group, 31st Infantry Regiment on 23 March 1964 reduced the applicant in rank/grade from private first class (PFC)/E-3 to private (PVT)/E-2 with a date of rank of 23 March 1964. There is no evidence in the applicant's Military Personnel Records Jacket that lists an alternative date of rank. 4. Special Orders Number 195 issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL on 28 September 1964, directed the applicant was released from active duty on 1 October 1964. 5. The applicant DD Form 214 shows was honorably released from active duty upon the expiration of his term of service on 1 October 1964. 6. On 23 May 1969, item 16 of the applicant's DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) to show he was inducted on 2 October 1962. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The applicant's request to correct his date of induction on his DD Form 214 was previously corrected by DD Form 215 on 23 May 1969; therefore, there is no action required by the Board. 2. The applicant's request to correct item 11d to show he was released from active duty on 2 October 1964 instead of 1 October 1964 appears to be without merit. Special orders show the applicant was released from active duty on 1 October 1964. 3. Unit orders reduced the applicant in rank/grade from PFC/E-3 to PVT/E-2 with a date of rank of 23 March 1964. There is no evidence and the applicant provides no evidence, which supports an alternative date of rank. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019073 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019073 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2