IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080012885
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 that Item 19 (Date and Place of Entry Into Active Service) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to 16 September "1952."
2. The applicant states, in effect, that he previously asked to have his DD Form 214 corrected and he was issued a DA Form 1569 (Transcript of Military Record). He now wants his actual DD Form 214 corrected. He contends that he enlisted in the Army on 16 September "1952."
3. The applicant provides a copy of his DD Form 214; a copy of his DA Form 1569; a copy of his Standard Form 88 (Report of Medical Examination); and a copy of a DD Form 1108 (Application for Replacement of Separation Documents), 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 records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The documentation provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows that he entered active duty on
17 September "1953" and was discharged on 16 September 1955. He was credited with 3 years of active duty.
4. The applicant provided a copy of his enlistment physical dated 16 September "1952."
5. The applicant provided a copy of his DA Form 1569 issued on 9 November 1962. This document corrected the applicant's date of entry into active service to 17 September "1952" versus 17 September "1953" as shown on his DD Form 214.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 incorrectly shows that he enlisted in the Regular Army on 17 September "1953." For unknown reasons, the applicant was previously issued a DA Form 1569 when he asked to have his DD Form 214 corrected to show that his enlistment date was 17 September "1952."
2. The applicant now desires that his actual DD Form 214 be corrected to show his correct enlistment date. The usual method for correcting a DD Form 214 is through the issuance of a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.) Therefore, the applicant's record should be corrected as directed below.
3. There is no evidence that the applicant enlisted on 16 September 1952. He was given his enlistment physical on that date; however, the physical examination normally precedes actual enlistment and the preponderance of evidence shows that he enlisted on 17 September 1952.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ __X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a DD Form 215 showing he entered active duty on
17 September "1952."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show he entered active duty on 16 September 1952.
XXX
______________________
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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