IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020122 


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, correction of his record to show his cumulative service as an enlisted member and as a commissioned officer. 

2.  The applicant states his enlisted service is missing from [Department of Veterans Affairs records] and his enlisted service is separated from his commissioned service.  

3.  The applicant provides no documentation 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 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records which primarily consist of a War Department Form 366a (Pay Roll), a WD AGO Form 100 (Separation Qualification Record), a WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service), and a DD Form 214 (Report of Separation from the Armed Forces of the United States) remaining in the applicant's National Personnel Records Center (NPRC) file.

3.  The War Department Form 366a in the applicant's record shows he was inducted into the Army of the United States on 12 January 1942.  A National Archives (NA) Form 13038 (Certification of Military Service) shows he was discharged to accept a commission on 3 March 1943.  His total service for this period was 1 year, 1 month, and 20 days.

4.  A WD AGO Form 53-98 shows the applicant continued his service on active duty as a commissioned officer during the period 4 March 1943 through 
30 March 1946.  His total service for this period was 3 years and 27 days.

5.  The record is void of documentation pertaining to the applicant's service from 31 March 1946 through 6 January 1952.  The length of this period is 5 years, 
9 months, and 7 days.

6.  A DD Form 214 shows the applicant again served on active duty (recalled from inactive duty) during the period 7 January 1952 through 26 September 1952.  The DD Form 214 also shows the following:

* in item 22 (Net Service for Pay Purposes This Period), 8 months and 
20 days
* in item 23 (Other Service Completed for Pay Purposes), 9 years, 
11 months, and 26 days
* in item 24 (Total Net Service Completed for Pay Purposes), 10 years, 
8 months, and 16 days

7.  The service shown in item 24 of the applicant's DD Form 214 is the cumulative total of his enlisted and commissioned service.  The total service shown in item 24 corresponds with the amount of time that elapsed from the applicant's initial entry into military service on 12 January 1942 to his discharge on 26 September 1952.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show his cumulative service as an enlisted member and as a commissioned officer was carefully considered and not supported by the evidence.  

2.  During the World War II era, the two most frequently used discharge forms were the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) issued to enlisted personnel and the WD AGO Form 53-98 issued to officers.  The applicant would have received a WD AGO Form 53-55 when he was discharged to receive his commission on 3 March 1943.  Unfortunately, this document is not available in his record.  However, the 
NA Form 13038 prepared by the National Archives and Records Administration provides an accurate summary of the applicant's enlisted service.  

3.  During the Korean War era, the DD Form 214 became the standard discharge form for all military departments.  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.

4.  Item 22 of the applicant's DD Form 214 shows 8 months and 20 days.  This accurately reflects his active duty service from 7 January 1952 to 26 September 1952.

5.  Item 23 of the applicant's DD Form 214 shows 9 years, 11 months, and 
26 days.  This accurately reflects the length of his enlisted and commissioned service from his induction on 12 January 1942 to 6 January 1952.  

6.  Item 24 of the applicant's DD Form 214 shows 10 years, 8 months, and 
16 days.  This accurately reflects the sum of items 22 and 23.

7.  The evidence of record shows the applicant's DD Form 214 provides an accurate record of his length of service, including his enlisted service.  Therefore, his record does not require 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.




      __________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)                                         AR20090020122





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ABCMR Record of Proceedings (cont)                                         AR20090020122



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