IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080002508 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that item 15 (Inducted) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show 25 January 1952 instead of 25 January 1954. 2. The applicant states that his date of induction was 25 January 1952. 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. 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. 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Item 15 on the applicant’s DD Form 214 shows he was inducted on 25 January 1954. 4. Item 19 (Date and Place of Entry into Active Service) on the applicant’s DD Form 214 shows he entered active duty on 25 January 1952 in Columbus, Ohio. He was released from active duty on 24 January 1954 and transferred to the U.S. Army Reserve for completion of his service obligation. 5. Item 22 (Net Service Completed for Pay Purposes This Period) on the applicant's DD Form 214 shows he completed 2 years of service. DISCUSSION AND CONCLUSIONS: The entry in item 19 on the applicant’s DD Form 214 which shows he entered active duty on 25 January 1952 and the entry in item 22 which shows he completed 2 years of service are sufficient evidence on which to amend item 15 on his DD Form 214 to show 25 January 1952. BOARD VOTE: ___XX___ __XX____ ___XX__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 item 15 on his DD Form 214 to show he was inducted on 25 January 1952. _________XX___________ 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. ABCMR Record of Proceedings (cont) AR20080002508 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080002508 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1