BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100009869
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 correction of his ARPC Form 249-E (Chronological Statement of Retirement Points) to show an additional 117 or 118 active duty points for the period 17 January 1955 through 16 January 1956 (hereafter called the period in question).
2. The applicant states he attended an active duty school at Fort Sill, OK, but he never received credit.
3. The applicant provides:
* a handwritten note
* a 3 December 2009 letter from the Army Review Boards Agency
* a TAG-NE Form 5 (Statement of Service in the Nebraska National Guard)
* a handwritten ARPC Form 249-E, dated 23 September 1993
* a 9 December 1954 memorandum from Headquarters, National Guard Bureau
* a 16 March 1955 memorandum from Office of The Quartermaster, Fort Sill, dated 16 March 1955
* a DA Form 446 (Issue Slip), dated 15 March 1955
* three WD Forms 366 (Pay Roll-Enlisted Men), dated April and May 1955
* DA Form 137 (Installation Clearance Certificate), dated 25 May 1955
* A Certificate of Proficiency, Artillery Enlisted Communications Course, dated 25 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is a retired sergeant major (SGM)/E-9, Nebraska Army National Guard.
3. The applicant's TAG-NE Form 5 shows federal active service of 15 days from 31 July 1955 through 14 August 1955 during the period in question. Likewise, his ARPC Form 249-E shows the same 15 active duty points for the period in question.
4. A memorandum from the National Guard Bureau, Washington, DC, dated 9 December 1954, shows the applicant was to report to Fort Sill on 2 February 1955 to attend the Artillery Enlisted Communications Course until the course closed on 25 May 1955.
5. The 25 May 1955 Certificate of Proficiency from the Artillery Enlisted Communications Course shows the applicant completed the course. A DA Form 137 shows he cleared post on 25 May 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his ARPC Form 249-E corrected to show his active service during the Artillery Enlisted Communications Course.
2. Documents submitted by the applicant clearly show he served on active duty at Fort Sill for approximately 4 months while attending the Artillery Enlisted Communications Course. The exact dates of his active duty are not available, but it appears he served at least from 2 February 1955 through course completion on 25 May 1955, a total of 113 days.
3. The applicant's ARPC Form 249-E should be corrected to show a total of 128 active duty points for the period in question [113 points for 2 February 1955 through 25 May 1955, and 15 points for 31 July 1955 through 14 August 1955].
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 adjusting his ARPC Form 249-E, Block 8 (Active Duty Points) for the period 1955 01 17 1956 01 16 to show "0128" vice "0015."
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 showing 132 or 133 points in Block 8 [117 or 118 plus 15].
_______ _ 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) AR20100009869
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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