RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2005
DOCKET NUMBER: AR20050003779
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. James Vick | |Chairperson |
| |Mr. Conrad Meyer | |Member |
| |Ms. Linda Barker | |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 item 6 (Effective Date of Separation) on
his DD Form 214 (Report of Separation from the Armed Forces of the United
States) for the period ending 3 November 1954 be corrected to show 14
December 1956.
2. The applicant provides no explanation.
3. The applicant provides no evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
3 November 1954. The application submitted in this case is dated 10
February 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. The applicant was inducted on 22 June 1953, served as an infantryman,
and was honorably discharged on 3 November 1954 for immediate reenlistment.
5. Item 6 on the applicant’s DD Form 214 for the period ending 3 November
1954 shows he was discharged on 3 November 1954.
6. There are no other service personnel records available.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was honorably discharged on
3 November 1954 for immediate reenlistment. Therefore, item 6 on his DD
Form 214 for the period ending 3 November 1954 is correct.
2. Since the applicant contends that he was discharged on 14 December
1956, and evidence of record shows he was discharged in 1954 for immediate
reenlistment, it is reasonable to presume that he served in the Army
subsequent to 3 November 1954. However, without discharge orders or other
evidence the Board is unable to confirm a discharge date other than 3
November 1954.
3. Records show the applicant should have discovered the alleged error now
under consideration on 3 November 1954 or on 14 December 1956; therefore,
the time for the applicant to file a request for correction of any error
expired no later than 13 December 1959. The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JV_____ CM_____ LB_______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of
limitations for timely filing or for correction of the records of the
individual concerned.
_____James Vick______
CHAIRPERSON
INDEX
|CASE ID |AR20050003779 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051026 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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