IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013197
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 19 (Date and Place of Entry into Active Service) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show 29 November 1948 instead of 29 November 1950.
2. The applicant states that he needs this item corrected because the Department of Veterans Affairs (DVA) shows he was in the service from 29 November 1950 to 31 July 1952, which is 2 years less than what he served. He contends that he served from 29 November 1948 to 31 July 1952.
3. The applicant provides a DVA Rating Decision and a copy of 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 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. Item 19 of the applicant's DD Form 214 shows he enlisted on 29 November 1950 in New Orleans, Louisiana. His DD Form 214 shows he enlisted for a period of 3 years plus a 1-year extension. His DD Form 214 shows he served 3 years and 2 months of foreign service (Germany). On 31 July 1952, he was honorably discharged.
4. Item 22 (Net Service Completed for Pay Purposes This Period) of the applicant's DD Form 214 shows he completed 3 years, 8 months, and 3 days. Item 23 (Other Service Completed for Pay Purposes) of his DD Form 214 shows the entry "0 0 0."
5. On 12 January 1989, the applicant was issued a Certification of Military Service which shows he was a member of the Regular Army from 29 November 1948 to 31 July 1952.
6. The applicant provided a DVA Rating Decision, dated 10 January 2007, which states, in pertinent part, that he served in the Army from 29 November 1950 to 31 July 1952.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he enlisted on 29 November 1950 and was discharged on 31 July 1952 (a total of 1 year, 8 months, and 3 days).
2. The evidence of record supports the applicant's contention that he served in the Regular Army from 29 November 1948 to 31 July 1952 (a total of 3 years, 8 months, and 3 days). His DD Form 214 shows he enlisted for a period of 3 years plus a 1-year extension; his DD Form 214 shows that he served 3 years and 2 months of foreign service and item 22 of his DD Form 214 shows he completed 3 years, 8 months, and 3 days of net service during the period covered by the DD Form 214. In addition, the Certification of Military Service shows he served from 29 November 1948 to 31 July 1952. Therefore, it would be appropriate to correct item 19 of his DD Form 214 to show he enlisted on 29 November 1948.
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 item 19 of his DD Form 214 to show he enlisted on 29 November 1948.
____________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) AR20090013197
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ABCMR Record of Proceedings (cont) AR20090013197
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