IN THE CASE OF:	  

		BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100009241 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 September 1968 to show the following:

* he entered the service in May 1947 in Little Rock, AR, and served until September 1968
* he was assigned to Fort Knox, KY, in May 1947 for basic training 
* he was assigned to a Surgical Technical School at Fort Sam Houston, TX

2.  The applicant states the following:

* he was assigned to Fort Knox in 1947
* he served during the World War II occupation in 1947
* he served in Okinawa, Korea, and Vietnam

3.  The applicant provides a copy of his DD Form 214 for the period ending 30 September 1968.

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 served in the U.S. Air Force from 29 April 1948 to 10 December 1949.  He completed 1 year, 7 months, and 12 days of active military service during this period.  His WD AGO Form 53 (Enlisted Record and Report of Separation) shows he entered active service on 29 April 1948 in Little Rock, AR, and completed training as a surgical technician.  This document does not show any prior service.

3.  His WD AGO Form 24A (Service Record) covering the period 29 April 1948 to 10 December 1949 does not show any prior service.  This document shows he was assigned to Troop B, 83rd Mechanized, 3rd Armored Division, at Fort Knox from 5 May 1948 to 15 July 1948.

4.  The applicant enlisted in the Regular Army on 20 March 1950 and was discharged on 19 March 1953.  He served with the Far East Command (Okinawa-Korea) from March 1950 to December 1951 and with U.S. Army Europe (France) from May 1952 to March 1953.  His 19 March 1953 DD Form 214 shows he completed 3 years of active military service during this period.

5.  The applicant enlisted in the Regular Army on 30 April 1953 and was discharged on 11 March 1959 for immediate reenlistment.  His 11 March 1959 DD Form 214 shows he completed 5 years, 10 months, and 11 days of active military service during this period.

6.  The applicant reenlisted on 12 March 1959 and was discharged on 11 March 1965 for immediate reenlistment.  His 11 March 1965 DD Form 214 shows he completed 6 years of active military service during this period.

7.  The applicant reenlisted on 12 March 1965.  He was retired from active duty on 30 September 1968 at the completion of 20 years of service.

8.  His 30 September 1968 DD Form 214 shows he entered active duty on 12 March 1965 and was discharged on 30 September 1968.  He completed 


3 years, 6 months, and 19 days of active military service during this period and 16 years, 5 months, and 24 days of prior active service.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that service schools, including major courses which were successfully completed and military-sponsored courses completed in civilian schools and colleges, during the period covered by the DD Form 214 will be entered in item 25 (Education and Training Completed).

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests correction of his records to show he entered active service in May 1947 in Little Rock, AR, and was assigned to Fort Knox in May 1947 for basic training, the evidence of record shows he entered active service on 29 April 1948 in the U.S. Air Force.  His service record does not contain evidence which confirms he entered active service in 1947.  Therefore, there is no basis to grant his request.  However, if the applicant does have evidence to show he entered active duty in May 1947 and that service was in the U.S. Air Force/Army Air Corps, he should provide that evidence to the Air Force Board for Correction of Military Records for correction of his 10 December 1949 U.S. Air Force WD AGO Form 53.

2.  The applicant also requests correction of his records to show he was assigned to a Surgical Technical School at Fort Sam Houston.  His WD AGO 
Form 53 shows he completed training as a surgical technician while he was in the U.S. Air Force.

3.  The evidence of record does not indicate the period he attended the Surgical Technical School.  It appears he attended this school while in the U.S. Air Force between April 1948 and December 1949.  Based on the governing regulation in effect at the time, service schools completed during the period covered by the report will be recorded in item 25 of the DD Form 214.  Therefore, there is no basis for amending his 30 September 1968 DD Form 214 to show a Surgical Technical School.  However, if he has evidence to show he completed this school, he may apply to the Air Force Board for Correction of Military Records for correction of his 10 December 1949 U.S. Air Force WD AGO Form 53.



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)                                         AR20100009241



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ABCMR Record of Proceedings (cont)                                         AR20100009241



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