ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20180001513


APPLICANT REQUESTS:  his induction date changed from 16 October 1966 to 
16 August 1966.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 47 (Record of Induction)
*	DA Form 20 ( Enlisted Qualification Record)
*	DA FORM 1049 ( Personnel Action)
*	DA Form 3054 (Servicemen’s Group Life Insurance)
*	DA Form 664 (Application For Compensation from the Veterans 
Administration) 
*	Honorable Discharge Certificate
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, he was inducted into the Army and while in basic training he 
hurt his knee.  Item 32 states he was discharged because of not meeting fitness 
standards at time of induction.  He states he passed his physical exam and was 
inducted and served until he injured his knee during training.  There was no record 
of that injury.  He wants his date of induction changed to 16 August 1966.

3.  The applicant provided:

*	DD Form 47 (Record of Induction) dated 7 October 1966
*	DA Form 20 (Enlisted Qualification Record) item 11 effective date of induction 
7 October 1966
*	DA FORM 1049 ( Personnel Action) Transmittal of Records
*	DA Form 3054 (Servicemen’s Group Life Insurance) applicant was insured for 
100,000 dated 13 October 1966
*	DA Form 664 (Application For Compensation from the Veterans 
Administration)  The applicant decided not to file for compensation at that 
time
*	Honorable Discharge dated 23 November 1966
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

4.  The applicant service record shows:

	a.  He was inducted in the Army on 7 October 1966.  His determination at the 
pre-induction examination was conducted on 16 August 1966 as reflected in Section 
VII of the DD Form 47 (Record of Induction).

	b.  DA Form 20 (Enlisted Qualification Record) item 11 (Enlisted, Inducted, 
Reenlisted, Extended, and /or DAD) effective date  of induction 7 October 1966.  
Item 35 (Effective Date) 7 October 1966.

	c.  On 23 November 1966, the applicant was discharged.  His DD Form 214 
reflects in item 16 (Date Inducted) as 7 October 1966.  It also shows he was 
discharged with the reason for authority “Paragraph 5-3, Army Regulation 635-200 
(Discharged because of not meeting medical fitness standards at time of induction).  
The applicant received an honorable character of service.  He served 1 month, and 
17 days of net active service, with no lost time.  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers upon retirement, 
discharge, or release from active duty service or control of the Active Army.  

	a.  The general instructions stated all available records would be used as a basis 
for preparation of the DD Form 214.  The specific instructions for item 16 Applicable 
only to individuals who were inducted as opposed to enlisted.

   b.  The DD Form 214 is a summary of the Soldier's most recent period of 
continuous active duty.  It provides a brief, clear-cut record of all current active, prior 
active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge.  The information entered thereon reflects the conditions as 
they existed at the time of separation.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found that the 
August 1966 date was the date the applicant was deemed fit for induction but he 
was not inducted until October 1966.  His DD Form 214 correctly reflects the date of 
induction as 7 October 1966. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


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.







REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers upon retirement, 
discharge, or release from active duty service or control of the Active Army.  It 
established standardized policy for preparing and distributing the DD Form 214.  The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180001513

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