RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060005143


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected to show that he served on active duty
training for a period of
6 months from 15 June 1957 through 14 December 1957.  He also states, in
effect, that he recently discovered the error on his discharge document
when he applied for civilian health care.

3.  The applicant provides a Board of County Commissioners, Department of
Community Services, Veterans Services, Lecanto, Florida, letter, dated 29
March 2006; DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge), with an effective date of 20 December 1957; and 3AA
Form 5 (Third Army Certificate of Training), dated 14 December 1957.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 December 1957, the date of his release from active duty for
training (ACDUTRA).  The application submitted in this case is dated 29
March 2006.

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 service records were apparently lost or
destroyed in the National Personnel Records Center fire of 1973.  Available
records essentially consist of the applicant's DD Form 214.

4.  Item 19a (Current Active Service Other Than by Induction - Source of
Entry) of the applicant's DD Form 214 contains the entry "Ordered 6 Mos AD
Tng"
(i.e., Ordered to 6 Months Active Duty Training).  Item 19c (Date of Entry)
contains the entry "29 Dec 57."  Item 11a (Type of Transfer or Discharge)
contains the entry "Rel to USAR (see 32)" (i.e., Released to the U.S. Army
Reserve (see Item 32, Remarks) and Item 11d (Effective Date) contains the
entry "20 Dec 57."  Item 32 (Remarks) of the DD Form 214 shows, in
pertinent part, the entry "RFA-55 6 Mos ACDUTRA Item 11a rel fr AD Tng and
returned to USAR of New York to complete remainging (sic) svc obligation 5
yrs 4 mos."
(i.e., Reserve Forces Act - 1955, 6 months Active Duty Training; Item 11a,
released from active duty training and returned to the U.S. Army Reserve of
New York to complete remaining service obligation; 5 years, 4 months).

5.  The applicant's DD Form 214 shows in Item 24 (Statement of Service),
Block a (Creditable for Basic Pay Purposes), Line 1 (Net Service This
Period) the entry "0" (years), "5" (months), and "22" (days); Line 2 (Other
Service) contains the entry "2" (years), "2" (months), and "20" (days); and
Line 3 (Total (Line 1 + Line 2)) contains the entry "2" (years), "8"
(months), and "12" (days); Block b (Total Active Service) contains the
entry "0" (years), "5" (months), and "22" (days).

6.  In support of his application, the applicant provides a copy of a Third
Army Certificate of Training, dated 14 December 1957.  This document shows,
in pertinent part, "This Certificate is given to PVT [Applicant's Name] in
recognition of satisfactory completion of six months active duty training -
(RFA 1955) held at Fort Jackson, South Carolina from 15 June 1957 to 14
December 1957."  This document also shows that the colonel serving as
Commander, 3rd Training Regiment, Fort Jackson, South Carolina, signed and
awarded the certificate to the applicant on 14 December 1957.

7.  Army Regulation 635-5 (Personnel Separations - Separation Forms), in
effect at the time of the applicant's release from active duty, prescribes
the separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It also establishes standardized policy for preparing and distributing the
DD Form 214.

8.  Appendix III (Instructions for the Preparation and Distribution of the
Armed Forces of the United States Report of Transfer or Discharge (DD Form
214) for All Officers, Warrant Officers, and Enlisted Personnel) of Army
Regulation 635-5 contains item-by-item instructions for completing the DD
Form 214.  The instructions for completing Item 11d (Effective Date) state,
in pertinent part, to enter the date separation is accomplished; the date
of separation is that date so specified in separation orders.  The
instructions for Item 19c (Date of Entry) state, in pertinent part, to
enter the entry date of current service agreement (EDCSA) indicated on
active duty orders, or date enlistment or reenlistment was accomplished.
The instructions for Item 24, Block a, Line 1 (Net Service This Period)
state, in pertinent part, to enter the total service completed between the
dates shown in Item 19c and Item 11d.  The instructions for Item 24, Block
a, Line 2 (Other Service) state, in pertinent part, to enter all prior
service excluding any service shown in Item 24, Block a, Line 1, but
including any period served as a reservist not on active duty during
current enlistment.  The instructions for Item 24, Block a, Line 3 (Total
(Line 1 + Line 2)) state, "Self-explanatory."  The instructions for Item
24, Block b (Total Active Service) state, enter the total active service
the individual has completed beginning with the earliest period of active
service up to and including the current period of active duty, less any
period served as a reservist not on active duty, and less time lost under
section 6(a),
Act of 5 May 1950, Appendix 2b, Manual of Courts-Martial, U.S., 1951.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 19c and Item 11d of his DD
Form 214 should be corrected because he entered active duty training on 15
June 1957 and was released from active duty training on 14 December 1957.
The applicant also contends, in effect, that his DD Form 214 does not
accurately reflect his net service during this period, his total service,
or the total active service he completed.  The applicant provides a copy of
a certificate of training which supports his claim that he completed 6
months of active duty training beginning 15 June 1957 and ending on 14
December 1957.

2.  The evidence of record shows that the applicant was issued a DD Form
214 with an entry date of 29 December 1957 and a separation date of 20
December 1957, which was 9 nine days prior to the date of entry recorded on
the DD Form 214.  Therefore, the evidence of record suggests that the entry
and/or separation date(s) recorded on the DD Form 214 may be in error.
Consequently, either or both of these entries being erroneous also calls
into question the accuracy of various entries in Item 24 (Statement of
Service) of the applicant's DD Form 214.

3.  The evidence of record, in the form of a certificate of training issued
by Headquarters, Third Army, Fort Jackson, South Carolina, shows that the
applicant completed 6 months of active duty training from 15 June 1957 to
14 December 1957.  Therefore, Item 19c (Date of Entry) and Item 11d
(Effective Date) of the applicant's DD Form 214 should be corrected to show
these dates. Based upon this period of active duty training, the evidence
of record supports the fact that the applicant completed 0 years, 6 months,
and 0 days net service during this period.  Therefore, Item 24, Block a,
Line 1, of the applicant's
DD Form 214 should also be corrected to show this service.  In addition,
coupled with the applicant's 2 years, 2 months, and 20 days of other
service (i.e., Item 24, Block a, Line 2), this translates to 2 years, 8
months, and 20 days of total service. Therefore, Item 24, Block a, Line 3,
of the applicant's DD Form 214 should be corrected to show he completed 2
years, 8 months, and 20 days of total service.  Additionally, based on the
foregoing, Item 24, Block b (Total Active Service) of the applicant's DD
Form 214 should be corrected to show he completed 0 years, 6 months, and 0
days total active service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 December 1957; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
13 December 1960.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JCR__  ___RWS  __DWT __  GRANT FULL 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 to show the following corrections to the
applicant's
DD Form 214:

      a.  Item 11d.  Effective Date (Day, Month, Year)
                 Delete:  "20  Dec 57"
                 Add:     "14 Dec 57"

      b.  Item 19c.  Date of Entry (Day, Month, Year)
                 Delete:  "29  Dec 57"
                 Add:     "15 Jun 57"
      c.  Item 24      Statement of Service (Years, Months, Days)
           Block a     Creditable for Basic Pay Purposes

           Line 1      Net Service This Period
                 Delete:  "0  5  22"
                 Add:     "0  6   0"

           Line 3      Total (Line 1 + Line 2)
                 Delete:  "2  8  12"
                 Add:     "2  8  20"

           Block b     Total Active Service
                 Delete:  "0  5  22"
                 Add:     "0  6   0"




                                  _Jeffrey C. Redmann__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005143                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19571214                                |
|DISCHARGE AUTHORITY     |DA Circular 635-3, dated 12 November    |
|                        |1957                                    |
|DISCHARGE REASON        |Released to USAR                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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