IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080005760
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 Item 38 (Remarks) of his separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that Item 38 of his DD Form 21 includes an erroneous entry indicating he accrued 2 days of time lost. He states that in 1951, as a result of a huge snow storm in 1951, he was unable to return to base. He indicates the Red Cross notified base officials he could not return, and he was not charged with an unauthorized absence upon his return.
3. The applicant provides a United State Army Reserve Personnel Center Letter, dated 16 November 1987, and his DD Form 214 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 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 record shows he was inducted into the Army of the United States and entered active duty on 19 March 1951. He was trained in, awarded, and served in military occupational specialty (MOS) 1745 (Light Weapons Infantryman).
3. The applicant's Service Record (DD Form 230) contains an entry in Section 6 (Leaves of Absence and Delays) that shows the applicant was delayed 3 days (19-21 March 1952) due to an emergency while en route.
4. On 20 December 1952, the applicant was honorably released from active duty and transferred to the Enlisted Reserve Corps (ERC) to complete his remaining military service obligation. Item 22 (Net Service Completed for Pay Purposes This Period) and Item 24 (Total Net Service Completed for Pay Purposes) both show he completed 1 year and 9 months of active military service. Item 38 of the DD Form 214 issued to him at that time contains the entry 2 DAYS LOST UNDER SEC 6A APP 2B MCM.
DISCUSSION AND CONCLUSIONS:
The applicant's claim that Item 38 of his separation document should be corrected to delete the entry showing he accrued 2 days of time lost has been carefully considered and found to have merit. The entry contained on the applicants DA Form 230 confirms he was delayed due to an emergency and corroborates his claim that his unit was officially notified of this delay and he was not charged with an unauthorized absence. Therefore, it would be appropriate and serve the interest of equity to correct his record to show the period of delay was an excused absence and to correct his DD Form 214 accordingly.
BOARD VOTE:
____x___ ___x____ ___x____ 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 amending his DD Form 214 by deleting the current entries in Items 22 and 24 and replacing them with the entry "01 09 02; by deleting the entry 2 DAYS LOST UNDER SEC 6A APP 2B MCM in Item 38; and by providing him a correction to his DD Form 214 that reflects these changes.
________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.
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