IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20070016229
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form 214) be corrected to show he is a World War II (WWII) era Veteran.
2. The applicant states, in effect, that upon his enlistment on 27 June 1947, he was told that because he entered prior to July 1947, he would be considered a WWII Veteran, and would be eligible for benefits administered by the Department of Veterans Affairs (VA). He states that he now requests that his DD Form 214 be corrected to show he is a WW II Veteran in order to receive these benefits.
3. The applicant provides the following documents in support of his application: DD Form 214; Discharge Certificate; and VA Certificate of Eligibility.
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 applicants record shows he enlisted in the Regular Army and entered active duty on 27 June 1947, and that he held and served in military occupational specialty (MOS) 0799 (Morse Code Interceptor).
3. The applicant's Service Record (WD AGO Form 24A) shows, in Section 14 (Service Outside Continental United States), that he served in Germany from
19 September 1948 through 29 April 1950.
4. On 12 May 1950, the applicant was honorably separated after completing a total of 2 years, 10 months, and 16 days of active military service. The DD Form 214 he was issued at the time shows he held the grade E-4, and that during his active duty tenure, he earned the Army of Occupational Medal.
5. The applicant provides the front copy of a Certificate of Eligibility issued by the VA on 2 March 1960. This document shows, in effect, that the applicant is entitled to the WWII benefits of Title III of the Servicemen's Readjustment Act of 1944, as amended, and has available for the guaranty or insurance of loans the amount of entitlement shown on the reverse hereof as not reserved.
6. 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 regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The version of the regulation in effect at the time provided no provisions for adding an entry on the DD Form214 regarding the World War II status of a veteran.
7. Title 38, United States Code (USC) provides guidance on a broad range of programs and services that veterans of the United States Armed Forces may be eligible for from the VA. It states, in pertinent part, that eligibility for most VA benefits is based upon a discharge from active military service under other than dishonorable conditions. It also stipulates that certain VA benefits require service during wartime and that under the law, the VA recognizes the war period for WWII as 7 December 1941 through 31 December 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to reflect he is a WWII Veteran was carefully considered. However, there are no regulatory provisions that allow for a DD Form 214 reflecting a member's World War II veteran status. Therefore, it would not be appropriate to grant the requested relief.
2. By law, entitlement to benefits and services administered by the VA is based on the type of discharge received, and by wartime service rules established by the VA. Given the applicant's DD Form 214 accurately reflects the period of his active duty service and the type discharge he received, it provides all the pertinent information necessary for the VA to determine his entitlement to benefits and services. His eligibility for these benefits and services is not within the purview of this Board, and will be determined by the VA based on its own established rules and policies. Thus, the applicant should address his inquiries regarding VA benefits and services to that agency.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x ____ ___x____ ___x____ 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.
_______x________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016229
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ABCMR Record of Proceedings (cont) AR20070016229
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