ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20180001730 APPLICANT REQUESTS: his date of entry changed to 5 November 1965 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 November 1967. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 in Junior Officer Training Corps (JROTC) and entered Active Duty (AD) on 5 November 1965. He was later discharged on 4 November 1967. His DD Form 214 shows his discharge date is 4 November 1967 and his entry date is 5 November 1967. 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 30 October 1964 for 6 years. b. On 31 December 1964, he was transferred to the IV U.S. Army Corps (USAC) Control Group Reserve Officer Training Corps (ROTC). c. DA Form 61 (Application for Appointment), dated 25 February 1965, shows he submitted his application for a commissioned officer in the USAR. d. USAR Letter Orders Number 6, dated 1 June 1965, published by the Professor of Military Science, Senior Division, U.S. Army Instructor Group, Mississippi State University, shows he was honorably discharged from the USAR effective on 31 May 1965, and relieved from his assignment to the IV USAC Control Group (ROTC). e. On 1 June 1965, he was appointed a reserve commissioned officer of the U.S. Army. f. DA Form 71 (Oath of Office – Military Personnel) shows he executed his oath of office as a reserve commissioned officer. g. DA Form 66 (Officer Qualification Record) shows in item 6 (Date of Current Tour) 5 November 1965. h. Letter Orders A-10-1825, dated 12 October 1965, published by Headquarters, Third U.S. Army, shows he was ordered to AD with assignment to the Student Detachment, U.S. Army Ordnance Center and School, Aberdeen Proving Ground (APG) Maryland to attend his Ordnance Officer Basic Course (OBC). The orders show his effective date of change of strength accountability (EDCSA) as 5 November 1965. i. DD Form 220 (Active Duty Report), dated 16 December 1965, shows his active service from of entry upon current tour as 5 November 1965. j. Special Orders Number 276, dated 3 October 1967, published by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, shows he was assigned to the USAR Control Group (Annual Training) U.S. Army Accessions Command, St. Louis, MO. The orders show he was released from AD (REFRAD) effective 4 November 1967. k. His DD Form 214 shows in: * item 11a (Type of Transfer or Discharge) Relief from AD * item 11d (Effective Date) 4 November 1967 * item 17c (Date of Entry) 5 November 1967 4. By regulation (AR 635-5), 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. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record (specifically, the DD Form 220, dated 16 Dec 65), the Board concluded that the date of entry date currently reflected on the applicant’s DD Form 214 was entered in error and warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Item 17c) by changing it to read “5 Nov 65”. 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. The specific instructions for item 17c (Date of Entry) requires the date of entry on the current tour of AD as shown in item 6 (Date of Current Tour) on DA Form 66 (Officer Qualification Record). For AD for training (ADT) personnel, enter date of entry on ADT. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180001730 3 1