IN THE CASE OF:
BOARD DATE: 14 MAY 2009
DOCKET NUMBER: AR20090000421
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 records to show he entered military service on 1 May 1953 instead of 9 June 1954.
2. The applicant states that he did not enter military service on 9 June 1954 as shown on the letter, dated 31 December 2008, from the National Personnel Records Center (NPRC). He adds that the correct date of entry was 1 May 1953 and date of separation was 19 January 1955, as shown on the Veterans Administration (VA) letter, dated 8 February 1989.
3. The applicant provides a copy of the NPRC letter, dated 31 December 2008, a copy of the VA letter, dated 8 February 1989, and a self-authored letter, dated 8 January 2009, 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 reconstructed record contains a copy of Special Orders Number 151, issued by Headquarters, Fort Jackson Personnel Center, Fort Jackson, SC, on 10 June 1954, which shows that the applicant, having enlisted in Richmond, VA, on 9 June 1954, and having reported to Fort Jackson, SC, on 10 June 1954, was assigned to the Reception Company, Fort Jackson, SC for processing.
4. On 17 January 1955, Headquarters, Ordnance Corps, Aberdeen Proving Ground, MD, issued Special Orders Number 11, directing the applicants discharge from the Regular Army effective 19 January 1955.
5. A copy of the applicants DD Form 214 is not available for review with this case. However, the applicants reconstructed record contains a National Archives (NA) Form 13038, dated 27 September 1988, that shows he was a member of the Regular Army from 9 June 1954 to 19 January 1955, and that he was discharged in the rank of private with a character of service of general, under honorable conditions.
6. On 31 December 2008, the applicant received a letter from NPRC, St. Louis, MO, that shows he entered the service on 9 June 1954.
7. The applicant submitted a copy of a letter, dated 8 February 1989, from the Albuquerque, NM, VA Regional Office, that shows he served from 1 May 1953 to 19 January 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he entered military service on 1 May 1953 instead of 9 June 1954 and the VA letter he submitted in support of his request were carefully considered; however, there is insufficient evidence to support his claim.
2. The applicants reconstructed record is void of the DD Form 214 he was issued; however, his record contains a copy of special orders issued on 10 June 1954 that show he enlisted on 9 June 1954 and a copy of special orders issued on 17 January 1955 that show he was discharged on 19 January 1955.
3. With respect to the discrepancy between the applicant's VA letter and his NA Form 13038, the latter is an official National Archives document that is issued by the National Personnel Records Center as a certification of military service that captured his period of service from 9 June 1954 to 19 January 1955. This certification is issued in the absence of a copy of the actual Report of Separation or its equivalent. It serves as a verification of military service and may be used for official purposes and is the official record of the applicant's service.
4. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit sufficient evidence that would satisfy this requirement. Therefore, he is not entitled to relief.
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.
ABCMR Record of Proceedings (cont) AR20090000421
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ABCMR Record of Proceedings (cont) AR20090000421
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