RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 November 2005
DOCKET NUMBER: AR20050002478
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Lisa O. Guion | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas D. Howard | |Chairperson |
| |Mr. John Infante | |Member |
| |Ms. Carmen Duncan | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that Item 19 (Date and Place of
Entry Into Active Service) of his separation document (DD Form 214) be
corrected.
2. The applicant states, in effect, that a typographical error was made
when his separation document was prepared and erroneously shows he entered
active duty in the year 1953, instead of 1952, which is the correct year.
3. The applicant provides a copy of his separation document and a
Certification of Military Service (NA Form 13038), dated 4 November 2004,
in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error that occurred
on 18 August 1955. The application submitted in this case is dated 31
January 2005.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records were not made 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
his 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. This case is being
considered using reconstructed records that primarily consist of the
applicant's DD Form 214.
4. The applicant’s separation document shows he enlisted in the Regular
Army and entered active duty on 19 August 1953, for a period of three
years. It further shows he continued to serve on active duty in the Army
until he was honorably separated under the provisions of Army Regulation
615-360, by reason of expiration term of service (ETS), on 18 August 1955.
The separation document confirms he completed a total of 3 years of active
Federal service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that a typographical error occurred when his
separation document was prepared to show he entered active duty on 19
August 1953 has been carefully considered and found to have merit.
2. The separation document shows the applicant enlisted in the RA for a 3-
year period, and that he fulfilled his active duty commitment at the time
of his separation by reason of ETS on 18 August 1955. However the
separation document covers the period 19 August 1953 to 18 August 1955,
which accounts only for a 2-year period of service. In order for the
applicant to have completed
3 years of active duty service as of 18 August 1955, the date of his
separation, he would have had to have entered active duty on 19 August
1952. As a result, it would be appropriate and serve the interest of
justice to correct Item 19 of the applicant's separation document by
deleting the current entry and replacing it with the entry “19 August
1952”.
BOARD VOTE:
___TDH _ __JI ___ __CD___ GRANT 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending Item 19 of his DD Form 214 by
deleting the current entry and replacing it with the entry “19 August
1952”; and by providing him a corrected separation document that reflects
this change.
____Thomas D. Howard____
CHAIRPERSON
INDEX
|CASE ID |AR20050002478 |
|SUFFIX | |
|RECON |NA |
|DATE BOARDED |2005/11/03 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1955/08/18 |
|DISCHARGE AUTHORITY |AR 615-360 |
|DISCHARGE REASON |Expiration of Service |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |110.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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