IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100001226 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 31 May 1955 to show his first enlistment date of 7 February 1951 and to show he served in Korea.  

2.  The applicant states in effect, his 1955 DD Form 214 does not show his original enlistment date of 7 February 1951 and that he served in Korea.

3.  The applicant provides a copy of his DD Form 214 for the period ending
31 May 1955.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there was sufficient documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows he was issued a DD Form 214 showing he reenlisted in the Regular Army on 7 February 1954 for 3 years, he served overseas for 4 months and 24 days, and he was honorably discharged from active duty prior to his expiration of term of service (ETS) on 31 May 1955.

4.  His DD Form 214 shows he was credited with completing 1 year, 3 months, and 24 days of net active service from 7 February 1954 to 31 May 1955.  He was also credited with completing 3 years of other service for a total net service completion of 4 years, 3 months, and 24 days.

5.  Part III, Standing Operating Procedures, U.S. Army Reserve Components Personnel and Administration Center, Appendix XIII-3-4-XIIII, dated 24 April 1982, specified a DD Form 214 was not issued to active duty personnel who were discharged and reenlisted between the period 22 July 1952 and
24 February 1957 and the next DD Form 214’s “From” date did not cover the period of prior enlistment(s).  Those individuals were issued discharge certificates.  For service involving the foregoing period, a DD Form 215 (Correction to DD Form 214) was prepared correcting the DD Form 214 issued at the time of the next separation to show all military service not previously covered by the DD Form 214.  An example of a completed DD Form 215 for that type of service showed the following entries:   the original enlistment date and term of enlistment, honorable date of discharge, and reenlistment date and term of reenlistment would be added to Item 18 (Remarks) of a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show his first enlistment date on 7 February 1951.  The available evidence shows he reenlisted in the Regular Army on 7 February 1954 with three years of prior active service.  Therefore, it appears he first enlisted on 7 February 1951 for 3 years and he was honorably discharged on 6 February 1954 for the purpose of immediate reenlistment.  He was discharged on 31 May 1955 for ETS and issued a
DD Form 214 only showing his period of service from 7 February 1954 to 31 May 1955.

2.  In accordance with Appendix XIII-3-4-XIIII he is entitled to a DD Form 215 adding the date of his first enlistment date and term of enlistment, the date he was honorably discharged to reenlist, and the date of his reenlistment and term of reenlistment to item 18 of his DD Form 214.  Therefore, he is entitled to a correction of his DD Form 214 and the issuance of a DD Form 215 to show he enlisted on 7 February 1951 for 3 years, he was honorably discharged on 6 February 1954 to reenlist, and he reenlisted on 7 February 1954 for 3 years.

3.  His contention that his DD Form 214 for the period ending 31 May 1955 should also be corrected to show he served in the Korea has been noted.  The available evidence shows that during his period of active duty from 7 February 1954 to 31 May 1955 he was issued a DD Form 214 crediting him with 4 months and 24 days of foreign service.  There is no available evidence or record and he has failed to provide compelling evidence to show he served in Korea during the period covered by this DD Form 214.  Therefore, no basis has been established to show he served in Korea on his DD Form 214 for the period ending 31 May 1955.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to item 18 of his DD Form 214 for the period ending 31 May 1955 the following entry:

* Enlisted 7 February 1951 for three (3) years
* Honorably discharged on 6 February 1954 to reenlist
* Reenlisted 7 February 1954 for three (3) years NOTHING FOLLOWS; and

   b.  providing him a correction to his separation document that includes this correction.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show he served in the Korea.



      __________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)                                         AR20100001226



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100001226



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1