| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show he was not drafted or that his Army service was voided. He states that he had been discharged from the Navy in July 1955 as unfit and undesirable. He had spent time in a Naval mental institution so he was unfit for Army service. He has suffered hardship and damage from this. He feels if he had not been drafted he would have had a normal productive life. He provides his Navy and Army Reports of Separation, DD Forms 214, as supporting evidence.
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 were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The applicant enlisted in the U. S. Navy on 23 April 1955. He was discharged with a general discharge under honorable conditions for unsuitability on 14 July 1955.
The applicant’s Selective Service System Classification Records are not available and it cannot be determined if the applicant appealed his classification. His Record of Induction, DD Form 47, is not available and it cannot be determined if he informed the Army of his prior U. S. Navy service or of his treatment in a Naval mental institution. He was inducted into the Army on 18 October 1955. He was released from active duty on 26 May 1958 with a characterization of service of general under honorable conditions upon completing his expiration term of service. He had completed 2 years and 1 day of creditable active service and had 220 days of lost time. His DD Form 214 does not indicate that he had prior active service.
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 18 October 1955, the date the applicant was inducted or, at the latest, 26 May 1958, the date he was separated. The time for the applicant to file a request for correction of any error or injustice expired on 26 May 1961.
The application is dated 20 September 2001 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. Prior to reaching this determination the Board looked at the applicant’s entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant’s failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__kak___ __mdm___ __tl____ CONCUR WITH DETERMINATION
| CASE ID | AR2001064039 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020423 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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