APPLICANT REQUESTS:  That his records be corrected to reflect 16 days of additional service.  He states that he needs 16 days of additional service so as to qualify for an additional full month of civil service retirement.  He further states that the justification for his request is based on his receiving his notice to be inducted on 14 January 1953 which was later delayed until 30 January 1953 because union members of the Philadelphia Transportation Company (PTC) went on strike.  He goes on to state that he resigned from his job (Federal employment) and that the delay in his induction caused a financial hardship on him at the time.  In support of his application he submits copies of his notices of induction and newspaper clippings depicting the aforementioned strike.  

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 30 January 1953 in Philadelphia, Pennsylvania.  At the time he was inducted, he was enployed as a refrigeration mechanic at the Frankford Arsenal in Philadelphia.

He successfully completed his training and served until he was honorably released from active duty on 21 January 1955 and transferred to the USAR to complete his statutory service obligation.  He was separated in the rank of corporal and had served 1 year, 11 months, and 22 days of total active service.

The induction documents submitted by the applicant indicate that he was initially notified by the Selective Service System on 29 December 1952 to report for induction on 
14 January 1953.  He was subsequently notified on 21 January 1953 that his induction date had been delayed until 
30 January 1953, due to the PTC strike.
The Department of Defense Military Pay and Allowances Entitlements Manual prescribes the policies and procedures for establishing creditable service.  It states, in pertinent part, that the basic active service date used to indicate total active Federal service creditable for retirement computation for personnel with no prior service, is established as the date of enlistment or induction.  The date of enlistment or induction is the date the oath of enlistment/induction is executed. 

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 
21 January 1955, the date of his release from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 21 January 1958.

The application is dated 4 March 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.





BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		David R. Kinneer
		Executive Secretary