IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080000872
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, correction of item 19 (Date of Entry Into Active Service), of his DD Form 214 (Report of Separation from the Armed Forces of the United States), to show the entry "27 Oct 48" (27 October 1948) instead of the entry "1 Aug 49" (1 August 1949).
2. The applicant states, in effect, that items 19, of his DD Form 214 should show his original entry date of "27 Oct 48."
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 applicants military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 1 August 1949, with prior service, as a Light Weapons Infantryman (1745). He completed 2 years, 6 months, and 14 days of overseas service. He was honorably separated on 15 December 1952. He had completed 3 years, 4 months, and 15 days of net active service for this period of service.
3. The applicants prior service records are unavailable for review for the 1 year, 9 months, and 22 days of other service completed prior to his entry on 1 August 1949.
4. Item 23 (Other Service Completed for Pay purposes), of his DD Form 214, shows that he completed 1 year, 9 months, and 22 days of prior service.
5. A review of the Internets duration calculation results shows that by utilizing the dates, 9 October 1947 subtracted from 31 July 1949, resulted in 1 year, 9 months, and 22 days.
6. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided, in pertinent part, that item 19 will be completed to show the date of entry into active service this period and, and item 22 will be completed to show the amount of net active service completed for pay purposed this period, item 23 will be completed to show other service completed for pay purposes, and item 24 will be completed to show the total net service completed for pay purposes by adding item 22 and 23.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant entered active duty on 1 August 1949, with prior military service. He served until he was honorably discharged on 15 December 1952. He completed 3 years, 4 Months, and 15 days of net service for this period. Item 19, of his DD Form 214, shows his correct date of entry on active duty as "1 August 1949."
2. The applicant contends, in effect, that he entered active duty on "27 October 1948" instead of "1 August 1949." 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. There is an indication from the applicant's "Other Service" that he entered into active service on 27 October 1948; however, there is no documentary evidence to support a scenario of his service before 1 August 1949.
The applicant is therefore not entitled to correction of item 19, of his DD Form 214, to show the entry "27 Oct 48" (27 October 1948). His DD Form 214 is correct as currently constituted.
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) AR20080000872
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ABCMR Record of Proceedings (cont) AR20080000872
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