RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070015936


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 the inconsistencies between the
blood type entered on his 15 March 1951 and on his 22 February 1954
separation documents (DD Forms 214) be corrected; and that he be provided
an explanation for why he was not entitled to mustering out pay in 1954.

2.  The applicant states, in effect, his 1951 DD Form 214 shows his blood
type as "O" and his 1954 DD Form 214 shows his blood type as "AB" and that
his 1954 separation document contains an entry that indicates he was not
entitled to mustering out pay.  He requests that his blood type be
corrected and that he be provided an explanation as to why he was not
entitled to mustering out pay in 1954.

3.  The applicant provides copies of his separation documents in support of
his application.

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’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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant's DD Forms 214 and record request related documents in his
NPRC file.

3.  The applicant's 15 March 1951 DD Form 214 shows that he enlisted in the
Regular Army (RA) and entered active duty on 8 December 1948.  It also
shows he held the rank of private first class (PFC), which he had attained
on 13 October 1950, and he received a $100.00 enlistment allowance on 19
March 1951.  Item 38 (Remarks) lists his blood type as "O" and indicates
that he accrued 20 days of time lost.  The applicant authenticated this
document with his signature in Item 48 (Signature of Person Being
Separated) on the date of his separation, which was 15 March 1951.

4.  The applicant's 22 February 1954 DD Form 214 shows he entered that
period of active duty service in the RA on 16 March 1951.  It also shows he
held the rank of corporal (CPL), which he had attained on 26 June 1953, and
that he earned the following awards:  Korean Service Medal with 2 bronze
service stars; National Defense Service Medal (NDSM); United Nations
Service Medal (UNSM); and Army Good Conduct Medal (AGCM).  Item 38 of this
document lists his blood type as "AB" and contains an entry that indicates
the applicant was not entitled to mustering out pay.  The applicant
authenticated this document with his signature in Item 48 on the date of
his separation, which was 22 February 1954.

5.  The applicant's NPRC file contains a response to a Congressional
Inquiry, dated 6 June 2002, regarding the applicant's request for military
medical records. This response indicates that the medical record needed to
answer the inquiry was not in the NPRC files.  It further indicated that if
the record was there on 12 July 1973, it would have been in the area that
suffered the most damage in the fire on that date and could have been
destroyed.  It further indicated that unfortunately, the record requested
was completely destroyed in that fire.

6.  The applicant's NPRC is also void of any pay records or a final
settlement pay voucher that would explain the entry pertaining to mustering
out pay contained on his 1954 DD Form 214.

7.  Army Regulation 635-5 (Separation Documents) 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.  The version of the regulation in effect at the time of the
applicant's discharge stated that Item 38 would contain an entry listing
the blood type taken from the Immunization Record and an entry regarding
separation (mustering out)/severance pay entitlement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his 1951 and 1954 separation documents be
corrected to reflect his correct blood type was carefully considered.
However, the regulation in effect at the time stated that the blood type
entered in Item 38 would be taken from the Immunization Record.  Given the
absence of any military medical records or independent medical evidence
submitted by the applicant that confirms his actual blood type, there is
insufficient evidence to make a correction to the conflicting blood type
entries.

2.  The applicant's request for an explanation of why he was not entitled
to mustering out pay was also considered.  However, the applicant
authenticated that 1954 DD Form 214 containing the mustering out pay entry
in question with his signature, on the date of his separation.  In effect,
this signature was his verification that the information contained on the
DD Form 214, to include the entries in Item 38, were correct at the time
the separation document was prepared and issued, and there is a presumption
of Government regularity attached to the DD Form 214.  As a result, absent
any pay records that either confirm or refute the entry, there is also
insufficient evidence to grant this portion of the requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __JCR __  ___RCH_  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.




                                  _____Mark D. Manning____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015936                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/02/22                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |PETS                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.1021   |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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