| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Herbert O. Fry | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: That his DD Form 214 (Report of Transfer or Discharge) dated 27 November 1956, be corrected to show that he was inducted on 5 November 1954.
APPLICANT STATES: That his induction date is incorrect on his DD Form 214.
He also states that he was directly inducted from the National Guard (NG) to the Army of the United States (AUS) on 5 November 1954. He is now disabled and needs his records corrected in order to receive Veterans Administration (VA) benefits. In support of his application, he submits a copy of his NGB Form 22 (Report of Separation and Record of Service in the National Guard), dated 7 November 1954, and a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show he enlisted in the Puerto Rico Army National Guard (PRARNG) on 15 April 1952. He continued to serve until he was honorably released on 7 November 1954, in order to be inducted into the AUS.
The applicant's records contain a copy of Headquarters PRARNG Special Orders Number 173, dated 5 November 1954, which shows that the applicant was honorably discharged from the PRARNG with an effective date of 7 November 1954, for induction in the Armed Forces.
The applicant's military records contain a copy of NGB Form 24 (Service and Qualification Record) that shows that he was separated on 7 November 1954,
by reason of induction into the AUS.
After an apparent break in service, he was inducted on 5 October 1955, in the AUS.
The applicant's records contain a copy of a DD Form 47 (Record of Induction) that clearly shows that he was inducted on 5 October 1955.
He continued to serve until he was retired by reason of physical disability without severance pay on 27 November 1956 under the provisions of Army Regulation 635-40a.
The available records contain a 14 November 1956 statement signed by the applicant that was a rebuttal to the Physical Evaluation Board findings. The first sentence of this statement reads "Before I was inducted on 5 October 1955 I was working in a grocery store."
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's records clearly show that he was inducted on 5 October 1955, instead of 5 November 1954. Therefore, he is not entitled to correction of his DD Form 214 to show 5 November 1954, as his induction date.
2. The Board notes that the applicant contends that he was directly inducted from the NG to the AUS on 5 November 1954. However, his separation orders were published on 5 November 1954, with an effective date for separation from the PRARNG on 7 November 1954.
3. The Board notes the break in service from 8 November 1954 to 4 October 1955, which is approximately 11 months (10 month and 26 days) of service which is unaccounted for. A review of the applicant's records failed to show that he served during this period.
4. In the applicant's own statement at the time he declares that he was inducted on 5 October 1955.
5. While the Board is empathetic, it does not change induction dates for the purpose of obtaining eligibility for benefits.
6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
7. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__sc__ ___hf____ __ra______ DENY APPLICATION
| CASE ID | AR2002073699 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021126 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19561127 |
| DISCHARGE AUTHORITY | AR 635-40a |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 227 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080000715
The evidence of record shows that the applicant's first name is Jose. He initially enlisted in and was separated from the PRARNG under the first name Jose; his (second) DD Form 214, dated 29 November 1957, shows his first name Jose; his birth certificate shows his first name as Jose; and he used the first name Jose throughout his entire military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...
ARMY | BCMR | CY2010 | 20100012720
A Department of Defense (DD) Form 4 (Enlistment Record - United States Army) shows the applicant enlisted in the Regular Army (RA), at Manchester, NH for a period of three (3) years on 4 January 1951: a. The evidence of records shows: a. There is no evidence of record, and the applicant provides insufficient evidence, to show the Army committed fraud and failed to credit him with 6 years of military service.
ARMY | BCMR | CY2009 | 20090013990
The applicant requests award of the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp. The applicants military records are not available to the Board for review. The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.
ARMY | BCMR | CY2006 | 20060005732C070205
Accordingly, it would be in the interest of justice to correct his records at this time to show his award of the Purple Heart. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 December 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 December 1955. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130004684
The applicant's military records are not available to the Board. However, his DD Form 214 shows his rank as temporary PFC with a DOR of 18 November 1954. _______ _ 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.
ARMY | BCMR | CY2012 | 20120002394
IN THE CASE OF: BOARD DATE: 27 September 2012 DOCKET NUMBER: AR20120002394 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20 (Enlisted Qualification Record) shows in Item 33 (Record of Assignments) the applicant: a. entered the basic combat training course at Fort Chafee, on 22 November 1955; b. entered advanced individual training at Fort Lewis, on 15 February 1956; c. was assigned to the 9th Infantry Regiment at Fort Lewis on 21 April 1956 with duty as an ammunition...
ARMY | BCMR | CY2014 | AR20140008925
The applicant requests: a. an upgrade of his discharge under other than honorable conditions to general under honorable conditions, b. in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 August 1961 to show: * his service number (SN) as RA XX XXX 357 * his year of birth as 1936 * his social security number (SSN) as XXX-XX-5464 * his enlistment date as November 1954 c. correction of his 4th Army Form 135 (Judge...
ARMY | BCMR | CY2009 | 20090012987
The applicant's military records are not available to the Board for review. From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. The evidence of record shows the applicant completed 1 year, 4 months, and 14 days of foreign service.
ARMY | BCMR | CY2004 | 040007332C070208
The applicant’s military records are not available to the Board for review. The applicant’s DD Form 214 shows that he entered on active duty on 11 February 1954. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 January 1956; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 23 January 1959.
ARMY | BCMR | CY2009 | 20090000768
The applicant states, in effect, that he was awarded the AGCM after his release from active duty (REFRAD). This case is being considered using reconstructed records that primarily consist of the applicant's DD Form 214, an NA Form 13038 (Certification of Military Service) issued by the National Archives and Records Administration, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and a DA Form 1577 (Authorization for Issuance of Awards) that remain in the...