RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: January 8, 2008
DOCKET NUMBER: AR20080000107
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Michael J. Flynn
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 that his records at the Defense Finance and Accounting Service (DFAS) be corrected to reflect his pay entry basic date (PEBD) as 4 March 1951 instead of the currently reflected PEBD of 28 August 1953.
2. The applicant states that it appears he was not given credit for his U. S. Navy service or for his first period of Army service.
3. The applicant provides two DD Forms 214 (Report of Separation from the Armed Forces of the United States), one for the period ending 23 October 1951 and one for the period ending 16 April 1953; and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 February 1972.
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 provided a DD Form 214 that shows he enlisted in the U. S. Navy on 6 May 1951 and was honorably discharged on 23 October 1951 after completing 1 year, 1 month, and 18 days of creditable active service with no lost time.
3. The applicant was inducted into the Army on 22 April 1952. He was honorably discharged on 16 April 1953. His DD form 214 for the period ending 22 April 1952 shows he completed 11 months and 25 days of creditable active service that period and 5 months and 15 days of prior service.
4. The applicant entered active duty as a commissioned officer on 17 April 1953. He was released from active duty on 7 February 1972 and placed on the Temporary Disability Retired List the next day.
5. On 17 April 2007, the Retirement Services Officer at Fort Sam Houston, TX completed a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) and calculated the applicants PEBD to be 3 March 1951 (with a determination if he completed 1 year, 1 month, and 18 days of service in the U. S. Navy then he served from 6 September 1950 through 23 October 1951).
6. On 6 June 2007, the applicant was informed that his PEBD had been corrected to read 4 March 1951 in the Reserve Data Maintenance System and that DFAS had been notified of the changes.
7. On 4 January 2008, DFAS informed a Board analyst that it could not make the change to the applicants PEBD without an ABCMR directive, apparently due to the length of time the applicant has been retired.
DISCUSSION AND CONCLUSIONS:
Although there is some question as to whether the applicant enlisted in the U. S. Navy on 6 September 1950 or on 9 May 1951, the Reserve Data Maintenance System has already been changed to reflect his PEBD as 4 March 1951. At this time any reasonable doubt concerning the length of his service in the U. S. Navy should be resolved n his favor. Therefore, records at DFAS should be corrected to reflect his PEBD as 4 March 1951 and he should be paid any pay/retired pay due as a result of this correction.
BOARD VOTE:
__fcj___ __lmd___ __mjf___ 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. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by changing his records at DFAS to reflect his PEBD as 4 March 1951 and by paying to him any pay/retired pay due as a result of this correction.
__Frank C. Jones______
CHAIRPERSON
INDEX
CASE ID
AR20080000107
SUFFIX
RECON
DATE BOARDED
20080108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
128.00
2.
3.
4.
5.
6.
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