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
ARMY | BCMR | CY1996 | 9606843C070209
On 1 November 1956, the sentence was approved, but the execution of that portion adjudging a DD was suspended until his release from confinement or until completion of the appellate review, whichever was the later date. 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...
ARMY | BCMR | CY2012 | 20120011681
On 18 January 1962, by letter, Headquarters, Department of the Army (HQDA) notified him that he was considered for promotion to LTC by the 16 October 1961 DA USAR Selection Board, in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), but he was not selected for promotion. The letter informed him that: * This non-selection constituted his first non-selection and that he would be considered by the next...
ARMY | BCMR | CY2013 | 20130019610
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 615-364, in effect at the time, stated an enlisted person would be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing dishonorable discharge. His conviction and sentence by general court-martial were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2014 | 20140020300
The applicant's complete military records are not available to the Board for review. His DD Form 214 shows in: a. item 6, he was separated on 23 May 1953. b. item 15 (Inducted), he was inducted into the Army of the United States (AUS) on 24 June 1953. c. item 19 (Date and Place of Entry Into Active Service), 24 June 1953 (Bangor ME). _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2006 | 20060002335C070205
The applicant requests, in effect, that his service medical records be corrected to show that he was hospitalized at Fort Ord, California and treated for injuries during the period January 1953 to July 1953. There is no evidence in the available records which shows the applicant was hospitalized at Fort Ord, California during the period January 1953 to July 1953. Records show the applicant should have discovered the alleged error now under consideration on 6 January 1955; therefore, the...
ARMY | BCMR | CY2009 | 20090009932
The applicant states he was wounded by shrapnel from enemy fire in Korea on 29 May 1953 and that at the time of receiving the wound, he told the medic or doctor that he did not want the Purple Heart for fear of a telegram going home to his wife. 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...
ARMY | BCMR | CY2009 | 20090007002
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 December 1955 be corrected to show his dates of service as 1 March 1953 to 1 December 1955. There is no evidence nor did the applicant submit any evidence that shows he enlisted on 1 March 1953.
ARMY | BCMR | CY2012 | 20120008088
The applicant, the widow of a deceased former service member (FSM), requests his undesirable discharge be upgraded to honorable. There is no evidence the FSM applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2006 | 20060007568
It is authorized for award to member of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Although the applicant requested that he be awarded the Republic of Korea Korean War Service Medal, it does not appear that the applicant could have served in Korea for 30 consecutive days by 27 July 1953, the ending date for qualifying purposes for award of the Republic of Korea Korea War Service Medal. Therefore, he is...
ARMY | BCMR | CY2014 | 20140004896
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. He contends the DOB shown on his DD Form 214 is incorrect and should read 22 June 1932; however, his service personnel records are not available.