RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    20 December 2005
      DOCKET NUMBER:  AR20050003724


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that his report of separation (DD Form 214) be
corrected by deleting the 7 days of lost time indicated in item 38. under
Remarks.

2.  The applicant states, in effect, that he was unjustly charged with 7
days of lost time when in fact he was in the hospital and his unit was
notified.

3.  The applicant provides a copy of his DD Form 214 and documents from his
records showing that he was hospitalized from 1 March to 7 March 1952 for a
common cold.  He also submits documents from his records showing he was
charged with 7 days of lost time during the period of 2 March to 8 March
1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 August 1952.  The application submitted in this case is dated
3 March 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 limitation 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 are not 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 that the
applicant’s 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.

4.  He was inducted at Maxwell, Air Force Base, Alabama, on 26 October
1950.  He completed his training at Fort Jackson, South Carolina, and Camp
Atterbury, Indiana, before being transferred to the Far East Command (FEC)
on 14 March 1951.  He arrived in Japan on 1 April 1951 and was transferred
to Korea on 7 April 1951 for duty as a postal specialist with the 24th
Infantry Division.

5.  He departed Korea on 13 January 1952 and was transferred to the 101st
Airborne Division at Camp Breckinridge, Kentucky, on 8 February 1952 and on
1 March 1952.  His records also show that he took ordinary leave from
1 February to 1 March 1952 and that he was admitted to the Craig Air Force
Base Hospital in Selma, Alabama from 2 March to 7 March 1952 and a
determination was made that it was in the line of duty.

6.  On 17 March 1952, he was transferred to Fort Knox, Kentucky, where he
remained until he was honorably released from active duty on 4 August 1952
and was transferred to the Enlisted Reserve Corps.  He had served 1 year, 9
months and 2 days of total active service and his DD Form 214 indicates in
the remarks section that he had 7 days of lost time.

7.  A review of the available service records indicate that he was charged
with 7 days of lost time for being absent without leave (AWOL) during the
period of 2 March to 8 March 1952.

8.  The available records show no indication that any punitive action was
taken against the applicant for the period in question.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was granted
ordinary leave from 1 February to 1 March 1952 and that on 2 March 1952, he
was admitted to an Air Force Hospital on 1 March 1952, the last day of his
leave.  He was discharged on 7 March 1952 and returned to his unit on 8
March 1952.  His admittance to the hospital was determined to be in the
line of duty; therefore, he was under military control during the period in
question and was thus not AWOL.

2.  It appears that the paperwork documenting his hospitalization either
did not reach his personnel records in time or was overlooked at the time
of his separation, which resulted in the “Lost Time“ entry being made on
his DD Form 214.

3.  Accordingly, it would be in the interest of justice at this time to
delete all references to lost time from his DD Form 214 dated 4 August
1952.


BOARD VOTE:

_JH_____  __RB___  __JM____  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 deleting all references to lost time
from his records.




            _____James Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003724                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.123.0000              |260/LOST TIME                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]