BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019650 


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 DA Form 20 (Enlisted Qualification Record) to show his entire U.S. military service.

2.  The applicant states:

* his DA Form 20 reflects his initial U.S. Army service as 16 July 1952
* he initially joined the Army in October 1948 after service in the U.S. Navy
* he would like his records to reflect his entire military service
 
3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1968.

 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.  Having prior active service in the U.S. Navy, the applicant enlisted in the Regular Army on 15 October 1948.  He remained on active duty through continuous reenlistments until he retired on 31 January 1968 in the rank of sergeant first class.

3.  Item 38 (Record of Assignments) of his DA Form 20 shows his initial effective date of service as 16 July 1952 with assignment to the 6212d Army Service Unit, Camp Stoneman, CA.

4.  At the time, Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  This chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

The applicant's request to amend his DA Form 20 was noted.  However, the DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As he no longer has a military status, there is no basis to make any changes to his DA Form 20.  The DD Form 214 is the document used to record the military history of a separated individual.  Copies of his DD Forms 214 will be provided to the applicant.

BOARD VOTE:

________  ________  ________  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.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20120019650



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ABCMR Record of Proceedings (cont)                                         AR20120019650



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