ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: AR20180014081 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States-Report of Transfer or Discharge) to show he was inducted into the Army of the United States (AUS) on 12 November 1964. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U. S. Army Human Resources Command, Veterans Inquiry Section, memorandum, dated 12 September 2018 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 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 that he completed his medical examination on 12 November 1964 and he was inducted into the AUS on the same day. 3. A review of his military records show: a. He completed a "Pre-Induction" medical examination on 12 November 1964. b. He completed his "Induction" medical examination on 22 September 1965 and was inducted into the AUS on the same day. c. He was discharged on 29 November 1965. His DD Form 214 shows he completed 2 months and 8 days of active duty and he was in a "trainee" status at the time of his discharge. 4. His record is void of an induction record dated 12 November 1964. BOARD DISCUSSION: The evidence presented does not demonstrate the existence of a probable error or injustice; the pre-induction exam is not compelling evidence of entry onto active duty on 12 November 1964 and there are no other orders or documents to indicate that the applicant entered active duty on that date. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the applicant. 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. 5/6/2019 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 Army Board for Correction of Military Records (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 on retirement, discharge, or release from active duty service or control of the Active Army. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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.