IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100013936
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 that his DD Form 214 effective 30 April 1974 be corrected to reflect his service with the Army National Guard (ARNG) from 1947 to 1949 and his active duty service from 1951 to 1954, and that he be paid his proper retirement and all back pay.
2. The applicant states he does not believe all of his service was included or computed correctly and he desires it to be done at this time because the law requires that he be paid correctly.
3. The applicant provides a copy of a letter from the Department of Veterans Affairs.
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 was born on 17 March 1933 and enlisted in the Massachusetts ARNG on 12 January 1949. He served in the Massachusetts ARNG until he was discharged on 25 March 1950.
3. He enlisted in the Regular Army with parental consent on 23 January 1951 and served until he was discharged on 1 February 1954. He again enlisted in the Regular Army on 12 May 1954 and served through a series of continuous reenlistments until 30 April 1974 when he was discharged in pay grade E-7 and was transferred to the Retired List effective 1 May 1974. He completed 23 years and 3 days of total active service and had 24 years, 2 months, and 2 days of total service for pay purposes.
4. A review of his official records failed to show the applicant served in the ARNG from 1947 to 1949. Additionally, the applicant's DA Form 2339 (Application for Retirement) shows all of his service is accounted for.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that all periods of service annotated on the DD Form 214 will be documented from source documents from official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and found to lack merit. The applicant failed to show through the evidence submitted with his application and the evidence of record that he served in the ARNG from 1947 to 1947 or that his service from 1951 to 1954 was not accounted for.
2. It is also noted that he was born in 1933 and would have been 14 years of age if he had served in the ARNG in 1947 as he claims.
3. His DA Form 2339 prepared at the time of his retirement accounts for all service that is documented in his official records.
4. 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 the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100013936
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ABCMR Record of Proceedings (cont) AR20100013936
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