ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 June 2019

	DOCKET NUMBER:  AR20190002369


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect induction date of 14 September 1969.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 

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 was inducted into the military on 14 September 1969, 
but his DD Form 214, dated 9 September 1971, reflects his date of induction as                      
14 September 1971.

3.  A review of the applicant’s service record shows the following on:

*	14 November 1969 - special order number 221 was constructed inducting the 
applicant into the Army of the United States at the grade of E-1 effective                         
14 November 1969
*	9 September 1971 – he was released from active duty and transferred into the 
Reserve
*	24 April 1972 - a DD Form 215 (Correction to DD Form 214, Report of 
Separation from Active Duty) was constructed correcting the applicant’s date of 
induction to 14 November 1969

4.  The applicant’s records are void of, and the applicant did not provide, documents 
reflecting an induction date of 14 September 1969.

5.  Army Regulation 635-5 (Separation Documents) section III states that item 10c. 
(Date Inducted) on the DD Form 214 will reflect the induction date listed on the                     
DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States).

6.  Chapter 2, Section 1, states that after a separated Soldier has departed from transfer 
activity, or if distribution has been made, the DD Form 214 will be corrected only by 
issuance of DD Form 215or by issuance of a new DD Form 214.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the DD Form 215 issued to correct his record, the absence of evidence 
showing his induction on the date he requests and his date of separation.  Based on a 
preponderance of evidence, the Board determined that the date of his induction, as 
reflected on the DD Form 215, was not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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.


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) section III states that item 10c. on 
the DD Form 214 will reflect the induction date listed on the DD Form 4.

3.  Chapter 2, Section 1, states that after a separated Soldier has departed from 
transfer activity, or if distribution has been made, the DD Form 214 will be corrected 
only by issuance of DD Form 215 or by issuance of a new DD Form 214

ABCMR Record of Proceedings (cont)	 AR20190002369

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