IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012720 


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 records to show he completed 26 years of military service and that 11 years were completed overseas.

2.  The applicant states, in effect, that his military service records show he was in the Army Air Corps (AAC), Army Air Force (AAF), Army of the United States (AUS), and that he was in five states, while at the same time they show he was in two National Guard (NG) units.  He also states he was never in the U.S. Army Reserve (USAR) and that all of this demonstrates fraud committed by the Army.

   a.  He states he:
   
* enlisted in the AAC for a period of 4 years on 15 June 1944 at Manchester, NH (not the AAF at Lafayette, LA)
* was sent to Fort Sheridan, IL in June 1944 and he remained there until 15 March 1948
* reenlisted in the AUS for a period of 4 years at Fort Sheridan, IL on
15 March 1948
* reenlisted for a period of 4 years at Fort Dix, NJ on 15 March 1951
* reenlisted at Fort Monmouth, NJ for a period of 6 years on 31 March 1955
* reenlisted at Fort Hood, TX for a period of 6 years on 31 March 1961
* reenlisted at Tacoma, WA for a period of 3 years on 31 March 1967
* retired from the U.S. Army (USA) on 31 May 1970

   b.  He states his service from 1944 to 1951 equals seven (7) years and his last four periods of service equal 19 years; therefore, he has a total of 26 years of military service.
   
   c.  He adds that records show he was in the NG from 7 May 1947 to 6 May 1948 and from 13 January 1948 to 17 January 1949; however, he states he was not in the NG.

   d.  He adds he served 11 years overseas, as follows:

* Okinawa from May 1950 to May 1951 - 1 year
* Japan and Korea from May 1951 to February 1954 - 3 years
* Thailand from April 1956 to May 1957 - 1 year
* Iran from June 1959 to July 1960 - 1 year
* Germany from June 1961 to June 1964 - 3 years
* Vietnam from July 1966 to February 1967 - 1 year
* Vietnam  from July 1968 to July 1969 - 1 year

   e.  He states there are numerous erroneous entries (i.e., primarily related to misrepresenting his location at the times he enlisted/reenlisted and separated during his military career), improper transfer of his thumbprint, and forged initials and signatures on his enlistment/reenlistment and separation documents.

   f.  He states the Army failed to credit him with 6 years of military service.  He adds that all of this demonstrates fraud committed by the Army.

3.  The applicant provides, via correspondence with his U.S. senator and U.S. congressman, copies of numerous documents from his military service records with several notes posted on the documents.

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.  A War Department (WD), Adjutant General Office (AGO) Form 165 (Enlistment Record - Enlisted Reserve Component) and Oath and Certificate of Enlistment show the applicant enlisted at Lafayette, LA on 15 June 1944 in the Enlisted Reserve Corps (ERC) of the AUS:

   a.  The examining physician recorded the results of the applicant's medical examination on the document and authenticated the enlistment record with his signature on 15 June 1944 at Lafayette, LA.

   b.  The applicant and enlisting officer each placed their signature on the two documents.  The enlistment record also shows the applicant placed all five fingerprints of his right hand on the document. 

3.  A WD AGO Form 188 (Record at Time of Reporting for Active Duty of Members of Reserve Components) shows the applicant reported for active duty in the AUS (Unassigned) on 18 September 1944 at the Reception Center, Fort Sam Houston, TX:

   a.  The examining physician recorded the results of the applicant's medical examination on the document and authenticated the record with his signature on 18 September 1944 at the Reception Center, Fort Sam Houston, TX.

   b.  The applicant listed his mother and brother as living relatives and indicated they resided in Lafayette, LA.
   
   c.  The witnessing officer placed his signature on the document on 
   18 September 1944 at the Reception Center, Fort Sam Houston, TX. 

4.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows the applicant enlisted on 15 June 1944 and entered an active duty status on 18 September 1944, at Fort Sam Houston, TX.  He served in the AAF of the AUS; and he was honorably discharged at the Separation Center, Fort Sheridan, IL on 30 June 1946, under the provisions of Army Regulation (AR) 615-365 for the convenience of the government based on demobilization:  

	a.  Item 37 (Total Length of Service) shows he completed 1 year, 9 months, and 13 days of continental service and no foreign service.

   b.  Item 39 (Prior Service) shows the entry "None."

	c.  Item 43 (Longevity for Pay Purposes) shows 2 years, 0 months, and
16 days of total service for pay purposes.
   d.  Item 55 (Remarks) shows the applicant served in an inactive status in the ERC from 15 June 1944 to 17 September 1944.
   
   e.  The applicant and personnel officer each placed their signature on the report of separation and the applicant also placed his right thumb print on the document. 

5.  A DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge) shows the applicant was honorably discharged from the AUS on 30 June 1946 at Fort Sheridan IL.  [This document was issued under the signature of The Adjutant General of the Army on 2 May 1961.]

6.  An AGPZ Form 109-1 (Request for Statement of Service - National Guard Service) shows the applicant claimed service in the New Hampshire Army National Guard (NH ARNG) from 13 January 1948 to 17 January 1949.  This document also shows the chief warrant officer serving as the Personnel Adjutant verified the applicant served in the NH ARNG for one (1) year from
7 May 1947 to 6 May 1948 and he was assigned to Battery C, 744th Anti-Aircraft Artillery Gun Battalion, Laconia, NH.

7.  An AGPERSCEN Form 30 (Request for Verification of Active Duty Paid from Federal Funds) shows that there were no active duty [funds] paid from Federal funds to the applicant while he was assigned to Battery C, 744th Anti-Aircraft Artillery Gun Battalion, NH ARNG, during the period from 7 May 1947 to 6 May 1948.  This document was authenticated by the Chief, Civilian Reference Branch, National Records Center, Washington, DC, on 8 December 1969.

8.  A Department of Defense (DD) Form 4 (Enlistment Record - United States Army) shows the applicant enlisted in the Regular Army (RA), at Manchester, NH for a period of three (3) years on 4 January 1951:

   a.  This document shows the applicant last served in the Federal NG of the United States at Laconia, NH and he was honorably discharged on 6 May 1948.

   b.  The applicant and recruiting officer each placed their signature on the document.  The enlistment record also shows the applicant placed all five fingerprints of his right hand on the document. 

9.  An Oath of Extension of Enlistment, dated 8 October 1953, shows the applicant voluntarily extended his 3-year enlistment of 4 January 1951 as a Soldier of the RA in the AUS for four (4) years.  The applicant and officer administering the oath each placed their signature on the document.

10.  A DA Form 20 (Qualification Record - Enlisted Personnel) shows in:

	a. item 12 (Component) he was [then] serving in the RA for a period of
4 years from 4 January 1951 to 3 January 1955 and

   b.  item 37 (Prior Military Experience), in pertinent part, that he served
12 months in the NG of the United States with service ending in 1948.

   c.  There is no evidence of an entry indicating the applicant reenlisted in the RA on 15 March 1948 or on 15 March 1951.

11.  A DD Form 230 (Service Record) covering the period from 4 January 1951 to 3 January 1955 shows the applicant was serving in the RA.  It also shows in:

	a.  section 4 (Service Outside Continental United States) he was assigned overseas and arrived in:

* Okinawa on 17 June 1951 and departed on 13 November 1951
* Japan on 19 November 1951 and departed on 2 July 1953
* Korea on 2 July 1953 and departed on 2 February 1954
* Japan on 2 February 1954 and departed on 2 February 1954
* the United States of America on 14 February 1954

   b.  There is no evidence of an entry in either indicating that the applicant reenlisted in the RA on 15 March 1951.

12.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant entered active service on 4 January 1951 at Manchester, NH.  He served in the RA (Signal Corps) and he was honorably discharged at the Separation Center, Fort Monmouth, NJ on 3 January 1955, under the provisions of Army Regulation 615-360 based on expiration term of service:

   a.  Item 16 (Enlisted in or Transferred to a Reserve Component) shows the entry "No."

	b.  Item 22 (Net Service Completed for Pay Purposes This Period) shows he completed 4 years, 0 months, and 0 days of service.

   c.  The applicant and separation officer each placed their signature on the report of separation.

13.  A DD Form 4 shows the applicant enlisted in the RA at Fort Monmouth, NJ for a period of six (6) years on 31 March 1955:

   a.  This document shows the applicant last served in the RA beginning
4 January 1951 and he was honorably discharged on 3 January 1955.

   b.  The applicant and recruiting officer each placed their signature on the document.  The enlistment record also shows the applicant placed all five fingerprints of his right hand on the document. 

14.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty for a period of 6 years on
31 March 1955 at Fort Monmouth, NJ and he served in the RA (Armor).  He was honorably discharged at Fort Hood, TX on 30 March 1961, under the provisions of Army Regulation 635-200 based on expiration term of service:

   a.  Item 24 (Statement of Service), Block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period), shows he completed 6 years,
0 months, and 0 days of service.

   b.  The applicant and authorizing officer each placed their signature on the document.

15.  A DD Form 4 shows the applicant reenlisted in the RA at Fort Hood, TX for a period of six (6) years on 31 March 1961:

   a.  This document shows the applicant last served in the RA beginning 
31 March 1955 and he was honorably discharged on 30 March 1961.

   b.  The applicant and enlisting officer each placed their signature on the document. 

16.  A DD Form 214 shows the applicant entered into active service for a period of 6 years on 31 March 1961 at Fort Hood, TX and he served in the RA (Signal Corps).  He was honorably discharged at Madigan General Hospital, Tacoma, WA on 30 March 1967, under the provisions of Army Regulation
635-200 based on expiration term of service:

   a.  Item 22 (Statement of Service), Block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period), shows he completed 6 years,
0 months, and 0 days of service.

   b.  The applicant and authorizing officer each placed their signature on the document.

17.  A DD Form 4 shows the applicant reenlisted in the RA at Madigan General Hospital, Tacoma, WA for a period of three (3) years on 31 March 1967:

   a.  This document shows the applicant last served in the RA beginning 
31 March 1961 and he was honorably discharged on 30 March 1967.

   b.  The applicant and enlisting officer each placed their signature on the document. 

18.  Headquarters and Headquarters Company, 75th Engineer Battalion (Construction), Fort George G. Meade, MD, letter, dated 27 February 1968, from the applicant to the Commander, U.S. Army Personnel Services Support Center, Fort Benjamin Harrison, IN, shows he requested a copy of his DD Form 214 from the AAF.  He stated, "I entered the Army Air Force in September 1944, and was separated on points in July 1946."  He also stated, "I served one (1) year in the reserves in Laconia, New Hampshire.  Would you please send me any information [pertaining] to my reserve time.  I served with the reserve in Laconia, New Hampshire approximately 1947."

19.  A DA Form 20 (Enlisted Qualification Record) shows he was [then] serving in the RA from 31 March 1955 through 31 May 1970.  It also shows in:

   a.  item 31 (Foreign Service) he was assigned overseas and served in:

* the Armed Forces Far East [Command] from May 1951 to February 1954
* Thailand from 26 April 1956 through 22 May 1957
* Iran from 6 June 1959 through 17 July 1960
* U.S. Army Europe (Germany) from 20 June 1961 through 11 June 1964
* U.S. Army Pacific (Vietnam) from 19 July 1966 through 15 February 1967
* U.S. Army Pacific (Vietnam) from 25 July 1968 through 20 July 1969

   b.  There is no evidence that he reenlisted in the RA on 15 March 1948, on
15 March 1951, or during the period from 5 January 1955 to 30 March 1955.



20.  A DD Form 214 shows the applicant entered into active service for a period of 3 years on 31 March 1967 at Tacoma, WA; served in the RA (Artillery); he was honorably retired from active duty at Fort Hood, TX on 31 May 1970, under the provisions of Title 10, U.S. Code, Section 3914; and transferred to the USAR Control Group (Retired):

   a.  Item 22 (Statement of Service) shows in Block a (Creditable for Basic Pay Purposes):
   
* line 1 (Net Service This Period) - 3 years, 2 months, and 0 days
* line 2 (Other Service) - 19 years, 0 months, and 16 days
* line 3 (Total) - 22 years, 2 months, and 16 days
* Block b (Total Active Service) - 20 years, 11 months, and 13 days

   b.  The applicant and authorizing officer each placed their signature on the document.

21.  In support of his application, the applicant provides, via correspondence with his U.S. senator and U.S. congressman, copies of numerous documents from his military service records:

   a.  The applicant provided no official Army document that shows he reenlisted in the Army at any time in 1948, on 15 March 1951, or during the period from
5 January 1955 to 30 March 1955.  In addition, a thorough review of all of the dated entries in the documents provided failed to show any evidence of military service other than that which is documented in the preceding paragraphs of this Record of Proceedings.

   b.  A Defense Finance and Accounting Service Member Entitlement Data Statement, dated 22 December 2009, shows the applicant's Pay Entry Basic Date (PEBD) is 15 March 1948.  He was separated from service on 31 May 1970 and transferred to the retired list on 1 June 1970.  This document also shows he is credited with 20 years, 11 months, and 13 days of total active service and service for retirement purposes, and 22 years, 2 months, and 16 days of total service for basic pay.

22.  Department of Defense Financial Management Regulation (DoD FMR) 7000.14-R, Volume 7A, chapter 1 (Basic Pay), paragraph 0101 (Creditable Service), in pertinent part, provides that creditable service periods include active or inactive service in the regular service in the Army, Air Force, Navy, Coast Guard, and Marine Corps; Army, Naval, Marine Corps, Air Force, and Coast Guard Reserve; Army of the United States (service without specification of component); Army National Guard; Army National Guard of the United States; National Guard; National Guard of the United States; Air Force of the United States (service without specification of component); Air National Guard; Air National Guard of the United States; Nurse Corps and Nurse Corps Reserve of the Public Health Service; and Public Health Service and Reserve Corps of the Public Health Service.

23.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) prescribes policy for unique military pay and allowances policy guidance for the payment of Soldiers using Department of Defense Joint Military Pay System-Active Component.  Chapter 2 (Creditable Service), paragraph 2-1 (Policy provisions), provides that the basic pay rate is established according to the pay grade and the number of years creditable service a Soldier has completed.  Creditable service is determined per the Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 1 (Basic Pay).  Creditable service will be used to establish the Soldier's pay date and Total Active Federal Military Service Date.

24.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he completed 26 years of military service and 11 years of overseas service.  He also contends he did not have any reserve (i.e., ERC or NG) service; there are numerous erroneous entries that misrepresent his location at the times he enlisted/reenlisted and separated during his military career; improper transfer of his thumbprint; and forged initials and signatures on his enlistment/reenlistment and separation documents.

2.  There is no evidence of record, and the applicant provides insufficient evidence, to show:

   a.  that he reenlisted in the Army at any time in 1948, on 15 March 1951, or during the period from 5 January 1955 to 30 March 1955;

   b.  that any of his enlistment, reenlistment or separation documents contain erroneous entries that misrepresent his location at the times he enlisted/ reenlisted and separated during his military career; or
   c.  that his fingerprints or thumbprint were improperly transferred on any of these documents or that his initials and signatures were forged on any of his enlistment, reenlistment, or separation documents.

   d.  In fact, the evidence of record shows, in every instance, the applicant and an authorizing officer each placed their signature on every one of his enlistment, reenlistment, and separation documents.

   e.  Therefore, in view of the foregoing, there is no basis for correcting the applicant's records in any of these instances.

3.  The evidence of record confirms the applicant's overseas service tours that he claims and his records also provide the specific dates for the periods of his overseas service.  Therefore, there is no basis for correcting the entries relating to his overseas service that are recorded in his military service records.

4.  The evidence of records shows:

   a.  The applicant enlisted in the ERC on 15 June 1944 and was separated on 17 September 1944.   A calculation of this period of service equals 3 months and 3 days.

	1944  09  17  date of discharge from ERC
         - 1944  06  15  date of enlistment in ERC
         =    00  03  02
         +                  1  day inclusive
         =    00  03  03  total period in ERC (inactive service)

   b.  The applicant entered active duty in the AAF AUS on 18 September 1944 and was honorably discharged on 30 June 1946.  The evidence of record shows he was credited with 1 year, 9 months, and 13 days of active service this period.

   c.  The evidence of record shows the applicant acknowledged he was discharged in 1946.  In fact, the applicant had a break in service from 1 July 1946 to 6 May 1947.

   d.  The evidence of record shows the applicant acknowledged one year of reserve service in NH circa 1947.  The evidence of record confirms the applicant served in an enlisted (inactive) status for 1 year in the NH ARNG from 7 May 1947 through 6 May 1948.
    
   e.  The applicant had a break in service from 7 May 1948 to 3 January 1951.

   f.  The applicant enlisted and entered active duty in the RA on 4 January 1951 and was honorably discharged on 3 January 1955.  The evidence of record shows he was credited with 4 years of net active service this period of service.

   g.  The applicant had a break in service from 4 January to 30 March 1955.

   h.  The applicant enlisted and entered active duty in the RA on 31 March 1955 and was honorably discharged on 30 March 1961.  The evidence of record shows he was credited with 6 years of net active service this period.
   
   i.  The applicant reenlisted in the RA on 31 March 1961 and he was honorably discharged on 30 March 1967.  The evidence of record shows he was credited with 6 years of net active service this period.

   j.  The applicant reenlisted in the RA on 31 March 1967 and he was honorably discharged for the purpose of retirement on 31 May 1970.  The evidence of record shows he was credited with 3 years, 2 months, and 0 days of net active service this period.

   k.  A calculation of the applicant's periods of inactive service shows:

				Periods of Inactive Service
    Years	    Months	     Days
   
     00		  03		 03		(ERC:  1944)
     01		  00		 00		(NH ARNG:  1947 - 1948)
     01		  03		 03		Total Inactive Service

   l.  A calculation of the applicant's periods of active service shows:

				Periods of Active Service
    Years	    Months	    Days

    			   01		  09		13		(AAF AUS: 1944 - 1946)
    	   04		  00		00		(RA:  1951 - 1955)
				   06		  00		00		(RA:  1955 - 1961)
      06		  00		00		(RA:  1961 - 1967)
      03		  02		00		(RA:  1967 - 1970)
      20		  11		13		Total Active Service


   m.  A calculation of the applicant's total service for pay purposes shows:
   
    Years	    Months	    Days

    			   01		  03		03		(Total Inactive Service)
    	   20		  11		13		(Total Active Service)
      22		  02		16		Total Service for Pay Purposes
   
   n.  A calculation of the applicant's PEBD for retired pay purposes shows:
   
    Years	    Months	    Days

    			   70		  05		31		(Separation Date from Active Duty)
    	   22		  02		16		(Total Service for Pay Purposes
      48		  03		15		PEBD = 15 March 1948

   o.  Thus, the evidence of record shows that the applicant's total active service, PEBD, and total service for pay purposes recorded in his military service records and utilized by the Defense Finance and Accounting Service in calculating the applicant's retired pay is correct.

5.  There is no evidence of record, and the applicant provides insufficient evidence, to show the Army committed fraud and failed to credit him with 
6 years of military service.  

6.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide such evidence. 

7.  Thus, after a thorough review of the applicant's military service records, it is concluded that the evidence of record fails to support the applicant's contention that his military service records do not accurately reflect his total creditable service for basic pay.  Therefore, in view of the all of the foregoing, there is insufficient evidence to grant the requested relief in this case.

8.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is no basis for granting the applicant's request.


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)                                         AR20100012720



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012720



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1