IN THE CASE OF:	  

		BOARD DATE:	       3 March 2009

		DOCKET NUMBER:  AR20080019249 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the date of entry on active duty as 16 November 1950 instead of 16 November 1952.

2.  The applicant states that he was inducted into the Army of the United States and entered active duty on 16 November 1950, but his DD Form 214 incorrectly shows the date of entry as 16 November 1952.

3.  The applicant provides a copy of his DD Form 214 for the period ending 5 December 1952 in support of his application.

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.  The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 16 November 1950.  However, this form shows he entered active duty in Buffalo, NY, on 16 November 1952.  This form also shows that at the time of his separation, he was assigned as a clerk to Headquarters Company, 373rd Transportation Motor Pool.

4.  The applicant’s DD Form 214 further shows that he completed 2 years of creditable military service, 2 months and 7 days of which was foreign service.  He was appointed/promoted to private first class (temporary) on 26 May 1952 and was honorably separated and transferred to the U.S. Army Reserve Control Group on 5 December 1952.

DISCUSSION AND CONCLUSIONS:

The preponderance of the evidence of record shows the applicant was inducted into the Army of the United States and entered active duty on 16 November 1950.  However, his DD Form 214 incorrectly shows the year of entry on active duty as 1952 instead of 1950.  He completed 2 years of active military service and was honorably separated on 5 December 1952.  Therefore, he is entitled to correction of his DD Form 214 to show the correct date of entry on active duty.

BOARD VOTE:

___X____  ___X____  ___X____  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 deleting the entry "16 November 1952" from item 19 (Date and Place of Entry on Active Duty) of the applicant’s DD Form 214 and adding the entry "16 November 1950."


																XXX
      _________________________
                 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)                                         AR20080019249



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ABCMR Record of Proceedings (cont)                                         AR20080019249



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