IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016782
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 26 January 1956 to show he entered active duty on 31 January 1949.
2. He states, in effect, his DD Form 214 shows he entered active duty on
10 February 1950. However, he was inducted into the Army of the United States (AUS) on 31 January 1949 and he was discharged on 9 February 1950 prior to his enlistment in the Regular Army (RA) on 10 February 1950. Therefore, the entry date of his DD Form 214 should be changed to 31 January 1949.
3. He provides Selective Service System (SSS) Form 252, dated 3 January 1949, and his DD Form 214.
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and SSS Form 252.
3. He was inducted into the AUS on 31 January 1949. His DD Form 214 for active military service during the period 31 January 1949 through 9 February 1950 is not available.
4. On 10 February 1950, he enlisted in the RA. On 26 June 1956, the applicant was honorably discharged from active duty. His record of service on his
DD Form 214 for the period ending 26 June 1956 shows in:
* item 22 (Net Service Completed for Pay Purposes this Period) the entry 5 Years, "11" Months, and "17" Days
* item 23 (Other Service Completed for Pay Purposes) the entry 1 Year, "0" Months, and "9" Days
* item 24 (Total Net Service Completed for Pay Purposes) the entry 6 Years, "11" Months, and "26" Days
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It is a summary of a Soldiers most recent period of continuous active service and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Prior to 1 October 1979, Army Regulation 635-5 provided that a DD Form 214 would be prepared for individuals upon retirement, discharge, or release from active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the entry date on the DD Form 214 for the period ending 26 June 1956 should be corrected to show he entered active duty on
31 January 1949 instead of 10 February 1950. Records show he was inducted into the AUS on 31 January 1949 and he was honorably discharged on
9 February 1949. However, the DD Form 214 for that period of service is not available. There is a presumption that the Army issued him a DD Form 214 for that period of active service and the document is not available. The applicant has not indicated that he did not receive a DD Form 214 for that period.
2. In accordance with Army Regulation 635-5, the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. The applicants
DD Form 214 for the ending period 26 June 1956 correctly shows he entered active duty on 10 February 1950 and he was honorably discharged on 26 June 1956. His entire period of continuous service was captured from his enlistment to his discharge for that term of service. In addition, his prior period of active service of 1 year and 9 days was incorporated in item 23 of this DD Form 214. Therefore, there is insufficient evidence on which to change the date he entered on active duty on his DD Form 214 for the period ending 26 June 1956.
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) AR20100016782
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ABCMR Record of Proceedings (cont) AR20100016782
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