IN THE CASE OF:
BOARD DATE: 07 MAY 2009
DOCKET NUMBER: AR20090000205
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 correction of his Honorable Discharge Certificate to show he was honorably discharged on 24 April 1954 instead of 24 May 1960.
2. The applicant states that he was honorably discharged on 24 April 1954 but his discharge certificate shows that date as 24 May 1960. He would like a corrected certificate issued for his records.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 24 April 1954; a copy of his Honorable Discharge Certificate, dated 25 May 1960; and a copy of Special Orders Number 94, issued by Headquarters, 1264 Personnel Center, Camp Kilmer, NJ, on 22 April 1954, 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 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Newark, NJ, on 23 May 1952. This form also shows that at the time of his separation, the applicant held military occupational specialty (MOS) 1043 (Motion Picture Photographer) and that his most significant duty assignment was with Headquarters Company, Far East Command Signal Service Battalion.
4. On 22 April 1954, Headquarters, 1264 SU Personnel Center, Camp Kilmer, NJ, published Special Orders Number 94 directing the applicants separation and transfer to the Enlisted Reserve Corps effective 24 April 1954.
5. The applicant was accordingly honorably released from active duty on 24 April 1954, in the rank of Corporal, under the provisions of Army Regulation 615-365, Section VII, Special Regulation (SR) 615-360-5, and SR 615-363-5, after having completed 1 year, 11 months, and 2 days of active duty service of which 1 year, 3 months, and 26 days was foreign service.
6. The applicant was transferred to the Enlisted Reserve Corps to complete the remainder of his 8 year service obligation under the Universal Military Training and Service Act.
7. On 25 May 1960, having fulfilled his service obligation, the applicant was apparently discharged from the Army of the United States and was issued an Honorable Discharge Certificate that certifies he was honorably discharged on 25 May 1960 and that the certificate was awarded as a testimony of his honest and faithful service.
8. 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. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his Honorable Discharge Certificate should be corrected to show his release date as 24 April 1954.
2. The evidence of records shows the applicant was honorably released from active duty on 24 April 1954 and transferred to the Enlisted Reserve Corps to complete the remainder of his 8 year service obligation under the Universal Military Training and Service Act.
3. The evidence of record further shows that on 25 May 1960, having fulfilled his service obligation, the applicant was honorably discharged from the Army of the United States and he was issued an Honorable Discharge Certificate that certifies he had completed his military service obligation and he was accordingly honorably discharged on that date. Therefore, the certificate he was issued correctly identifies the applicants date of discharge and requires no further correction.
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.
_______ _ 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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