RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080003637
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 his Report of Separation from the Armed Forces of the United States (DD Form 214) to show that he only had 1/2 day lost time during his service.
2. The applicant states, in effect, that he was absent for about 1/2 day due to sickness. He was given the choice of losing a stripe or being court-martialed. He states that he lost the stripe.
3. The applicant provides a copy of his DD Form 214.
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's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. On 15 August 1950, the applicant enlisted in the Regular Army for 3 years. He served with the 42nd Armored Infantry Battalion, 5th Infantry Regiment, in the Republic of Korea.
4. On 16 August 1954, the applicant was honorably discharged by reason of expiration of term of service and completed 4 years of creditable service. The highest rank he attained during his service was corporal.
5. Item 24 (Total Net Service Completed for Pay Purposes) of the applicants
DD Form 214 shows that he was credited with 4 years service.
6. Item 38 (Remarks) of the applicants DD Form 214 shows that he had 2 days lost under Section 6(a) Appendix 2B, Manual for Courts-Martial, 1951.
DISCUSSION AND CONCLUSIONS:
1. The entry in Item and 38 of the applicants DD Form 214 indicate that he had 2 days of lost time during the period of his service.
2. In the absence of evidence to the contrary, it is presumed that the record is correct.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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
ABCMR Record of Proceedings (cont) AR20080003637
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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