BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090009335
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 block 19 (Inducted) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect that he entered active duty on 17 November 1950 instead of 17 November 1952 as currently reflected.
2. The applicant states that he did not notice that his DD Form 214 incorrectly reflected that he entered active duty on 17 November 1952 instead of 17 November 1950, until he applied for veterans' benefits.
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 applicant's 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 applicant's 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 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 applicant's 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 applicant was inducted into the Army of the United States on 17 November 1950 in Greenville, South Carolina. He completed his training as a light weapons infantryman and was assigned to Company A, 522nd Infantry Battalion, at Fort Sill, Oklahoma, where he remained until he was honorably released from active duty (REFRAD) on 18 November 1952 and was transferred to the Enlisted Reserve Corps, now known as the U.S. Army Reserve.
4. The DD Form 214 issued to the applicant at the time of his REFRAD reflects in block 19 that he entered active duty on 17 November 1952.
5. The applicant subsequently enlisted in the Regular Army on 4 August 1954 and served until he was honorably discharged at Fort Benning, Georgia, on 6 April 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 dated 18 November 1952 incorrectly reflects in block 19 that he entered active duty on 17 November 1952 has been noted and found to have merit.
2. The available evidence clearly shows that he was inducted on 17 November 1950; therefore, it is reasonable to presume that an administrative error occurred at the time his DD Form 214 was prepared.
3. Accordingly, it would be in the interest of justice to correct that error at this time.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 19 of his DD Form 214 dated 18 November 1952 that he entered active duty on 17 November 1950 instead of 17 November 1952 as currently reflected.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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.
ABCMR Record of Proceedings (cont) AR20090009335
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ABCMR Record of Proceedings (cont) AR20090009335
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