RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070009777 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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 correction of Item 22b (Total Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 November 1971, to show “20 years” instead of “19 years, 0 months, and 6 days.”

2.  The applicant states his computation of active duty service did not include his Army National Guard service.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 29 November 1971.

	b.  DD Form 172 (Joint Message Gram), dated 15 November 1971.

	c.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard), dated 14 May 1951.

	d.  NGB Form 24 (Service and Qualification Record).

	e.  NGB Form 23 (Retirement Credits Record).

	f.  DA Form 165 (Enlistment Record-Service of the Army), dated 15 January 1954.

	g.  Statement of Ohio Army National Guard (OHARNG) Service, dated 8 May 1969.

	h.  State of Ohio, Adjutant General Department, Columbus, Ohio, Special Order Number 182, dated 1 July 1953.

	i.  State of Ohio, Adjutant General Department, Columbus, Ohio, Special Order Number 41, dated 10 February 1954.

	j.  Headquarters, 37th Infantry Division, Columbus, Ohio, Special Order Number 46, dated 14 September 1954. 

	k.  State of Ohio, Adjutant General Department, Special Order Number 61, dated 2 March 1955.

	l.  Headquarters, 9404 Signal Corps Center Troop Command, Fort Monmouth, New Jersey, Special Order Number 63, dated 1 April 1954.

	m.  Headquarters, Ohio Military District, Columbus, Ohio, Letter Orders   3-6, dated 3 March 1955.

	n.  Diploma, dated 13 October 1959, completion of the Radar Repairer Course, Fort Monmouth, New Jersey.

	o.  Headquarters, Fort Monmouth, New Jersey, Special Orders Number 101, dated 20 May 1949.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was born on 11 February 1931 and initially enlisted in the U.S. Navy (USN) on 25 February 1946.  He subsequently had a series of enlistments, extensions, and reenlistments in the U.S. Marine Corps (USMC), the U.S. Marine Corps Reserve (USMCR), the Ohio Army National Guard (OHARNG), and the Regular Army (RA).  He was released from the Regular Army and placed on the Permanent Disability Retirement List (PDRL) on 30 November 1971 in the grade of sergeant first class (SFC)/E-7.  At the time of his disability retirement, he had completed 19 years and 6 days of active military service.

3.  The applicant’s enlistment documents prior to 25 February 1955 are not available for review with this case.  His active military service was extracted from his subsequent reenlistment contracts, separations documents, orders to active duty training, certificates of completion, and, at one time, a personal interview.  These documents, together with his subsequent enlistment and reenlistment contracts in the Regular Army were used to construct his Statement of Service on 6 April 1971. 
4.  The applicant’s records contain a DD Form 214 dated 23 May 1952 that shows he was called from inactive to active duty and entered USMC active service on 22 June 1951.  This form shows his effective date of separation as 23 May 1952.  This form further shows that the net service completed during this period was "10 months and 2 days" [sic].  It also shows the total net service completed was 2 years, 4 months and 8 days.

5.  The applicant’s records show that he enlisted in the OHARNG on 25 February 1955 for a period of 3 years.  Item 31 (Prior service) of his DA Form 165 (Enlistment Record-Reserve of the Army) shows the following periods of prior service:

a. enlisted in the USN on 25 February 1946 and was honorably discharged on 1 November 1946, due to his age.  

b.  enlisted in the USMC on 23 January 1947 and was honorably discharged on 21 May 1948. 

c.  enlisted in the OHARNG on 25 May 1948 and was honorably discharged on 1 December 1950 for the purpose of enlistment in the USMC.  

d.  enlisted in the USMC on 2 December 1950 and was honorably separated on 2 July 1953.  

e.  enlisted in the OHARNG on 15 January 1954 and was honorably discharged on 24 February 1955. 

6.  The applicant’s records further show that he executed the following RA enlistment and reenlistments:

	a. enlisted on 16 May 1955 for 6 years and was honorably discharged on 10 March 1959 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time of his separation shows he completed 3 years, 9 months, and 25 days of creditable military service during this period; 

	b.  reenlisted on 11 March 1959 for 6 years and was honorably discharged on 1 October 1963 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time of his separation shows he completed 4 years, 6 months, and 21 days of creditable military service during this period. 

	c.  reenlisted on 2 October 1963 for 6 years and extended this 6-year reenlistment by 6 months on 4 August 1969.  He was honorably discharged on 1 April 1970. The DD Form 214 he was issued shows he completed 6 years and 6 months of creditable military service during this period.

	d.  reenlisted on 2 April 1970 for 3 years and was discharged on 29 November 1971 and placed on the PDRL on 30 November 1971.  He completed 1 year, 7 months, and 28 days of creditable military service during this period.

7.  The applicant's records contain a Statement of Service, dated 6 April 1971 that shows the applicant's chronological dates of military service as follows: 

Period of Service 
25 Feb 46-29 Nov 71 
Active Duty Service
Inactive Duty Service
Component
From
To
Years
Months
Days
Years
Months
Days
USN
25 Feb 46
1 Nov 46

8
7



USMC
23 May 47
28 Sep 47




4
6
OHARNG
29 Sep 47
1 Jan 48




3
3

25 May 48
13 Aug 48




2
19
ADT
14 Aug 48
28 Aug 48


15



OHARNG
29 Aug 48
1 Dec 50



2
3
3
USMCR
2 Dec 50
21 Jun 51




6
20
USMC
22 Jun 51
23 May 52

11
2



USMCR
24 May 52
2 Jul 53



1
1
9
OHARNG
15 Jan 54
14 Feb 54




1

RA
15 Feb 54
5 Oct 54

7
21



OHARNG
6 Oct 54
24 Feb 55




4
19
OHARNG
25 Feb 55
8 Mar 55





14
RA
9 Mar 55
15 May 55

2
7



RA
16 May 55
10 Mar 59
3
9
25



RA
11 Mar 59
1 Oct 63
4
6
21



RA
2 Oct 63
1 Apr 70
6
6




RA
2 Apr 70
29 Nov 71
1
7
28






14
56
126
3
24
93
Total


19
00
6
5
3
3

8.  On 27 August 1970, by Joint Message, the Commander, U.S. Army Advisory Group (USAR), Columbus, Ohio, informed the Commanding General, Army Personnel Center, Fort Benjamin Harrison, Indiana, that the applicant was interviewed and was unable to produce any evidence to verify his service from 3 July 1953 to 14 January 1954. 




9.  The applicant's records show that, subsequent to referral by a Medical Evaluation Board (MEB), a Physical Evaluation Board (PEB) convened on 9 September 1971, at Valley Forge General Hospital, Phoenixville, Pennsylvania, and determined that the applicant was medically unfit.  The PEB recommended he be permanently retired from the Army.

10.  On 15 November 1971, Department of  the Army, Office of the Adjutant General, Washington D.C., published Letter Orders Number D11-615, stating that the applicant was determined to be permanently unfit for duty by reason of physical disability and was accordingly released from active duty on 29 November 1971 and placed on the retired list effective 30 November 1971.  

11.  By Joint Message, Department of the Army, the Adjutant General, notified the Senior Army Advisor, U.S. Army Advisor Group, Columbus, Ohio, that the applicant was placed on the PDRL effective 30 November 1971 in the grade of SFC/E-7 and that; as of 29 November 1971, he had completed 19 years and 6 days of active service and 24 years, 3 months, and 9 days of service for pay purposes.

12.  Accordingly, the applicant was discharged from the Regular Army on 29 November 1971 and placed on the PDRL on 30 November 1971.  The DD Form 214 he was issued at the time of his discharge shows he completed 10 years and 6 days of active military service and a grand total of 24 years, 3 months, and 9 days of total active and inactive service.

13.  The applicant submitted a copy of his NGB Form 22, dated 24 May 1951 and was discharged on 25 May 1948.  These dates are consistent with the dates on the Statement of service, dated 6 April 1971.  This form also shows he served in the USMCR from 25 February 1946 to 1 November 1946, which is also consistent with the applicant's Statement of Service, dated 6 April 1971. 

14.  The applicant submitted a copy of State of Ohio, Adjutant General Department, Columbus, Ohio, Special Order Number 41, dated 10 February 1954, that shows he was ordered to active duty from on or about 15 February 1954 to on or about 13 October 1954, to attend the Radar Repair Course, at the U.S. Army Signal School, Fort Monmouth, New Jersey.  These dates are consistent with the active duty service dates listed on his Statement of Service, dated 6 April 1971.



15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his total active service of 19 years and 6 days should be corrected to show 20 years when including his total points for his Army National Guard service.

2.  Evidence of record shows that the applicant's computation of active military service is reflected correctly on his Statement of Service, dated 6 April 1971, and in Item 22b (Total Active Service) on his DD Form 214, dated 29 November 1971.  The applicant was credited with 19 years and 6 days of active duty service as follows:

	a.  he received 8 months and 7 days active duty credit for his service in the USN from 25 February 1946 to 1 November 1946;

	b.  he received 15 days active duty credit when he completed active duty training from 14 August 1948 to 28 August 1948. 

	c.  he received 11 months and 2 days of active duty credit when he was recalled from inactive USMC to active USMC from 22 June 1951 to 23 May 1952;

	d.  he received 7 months and 21 days of active duty credit for attending the Radar Repair Course, at the U.S. Army Signal School, Fort Monmouth, New Jersey, from 15 February 1954 to 5 October 1954; and

	e.  he received 16 years, 8 months, and 21 days active duty credit for his RA active service from 9 March 1955 to 29 November 1971.



3.  There is no evidence in the available service records and the applicant did not provide any evidence that shows he is entitled to any other active service credit.  Therefore, there is no evidence upon which to base correction of the applicant's total active service in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __wdp___  __jlp___  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
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.