RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2007
DOCKET NUMBER: AR20070007370
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. James Anderholm
Chairperson
Mr. Lester Echols
Member
Mr. Jeffrey Redmann
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 18 (sic item 19) (Date and Place of Entry on Active Duty), of his DD Form 214 (Report of Separation from the Armed Forces of the United States), be corrected to show the entry "29 Oct 54" (29 October 1954) instead of the entry "29 Nov 54" (29 November 1954).
2. The applicant states, in effect, that item 19, of his DD Form 214, should show that he entered active duty on 29 October 1954 instead of 29 November 1954.
3. The applicant provides a copy of his DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. 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 applicants 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.
3. The applicants military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT/O-1) on 11 June 1953. He was appointed in the AUS (Army of the United States) on 29 November 1954 and was ordered to active duty on the same date.
4. The applicant served until he was released from active duty on 3 June 1955.
5. Item 19, of his DD Form 214, shows the entry "29 Nov 54" (29 November 1954).
6. The applicant's record contains a copy of a DD Form 220 (Active Duty Report), dated 2 December 1954, which shows that his date of entry on active duty as 29 November 1954 and the date he reported for active duty as 1 December 1954.
7. Army Regulation 635-5, in effect now, governs the preparation of the DD Form 214. Item 12a, which pertains to date entered active duty this period, states that the entry will be completed to show the beginning date of the continuous period of active duty for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The evidence show the applicant was appointed in the AUS on 29 November 1954 and entered active duty on the same date. He served until he as honorably released from active duty on 3 June 1955. Item 19, of his DD Form 214, shows his correct date of entry on active duty as "29 November 1954."
2. The applicant contends, in effect, that he entered active duty on 29 October 1954 instead of "29 November 1954." He has provided no evidence, and there is none in the available records, to show that his date of entry on active duty is incorrect. Therefore, he is not entitled to correction of item 19, of his DD Form 214, to show the entry "29 Oct 54" (29 October 1954). His DD Form 214 is correct as currently constituted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__A_____ ___e____ ___JR __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____James E. Anderholm_________
CHAIRPERSON
INDEX
CASE ID
AR20070007370
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071101
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19550603
DISCHARGE AUTHORITY
AR 135-177
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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