IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100021647
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 his dates of service be corrected on his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service).
2. The applicant states:
* he recently sent for a copy of his Certification of Military Service and received an NA Form 13038 with the wrong dates of his military service
* his service dates should be 8 November 1952 to 10 November 1957
* he served his country proudly during the Korean War (February 1953 to June 1954)
3. He provides his NA Form 13038 in support of his application.
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'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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His military pay records show he enlisted in the Regular Army on 10 December 1956 for a period of 3 years.
4. Separation orders, dated 7 December 1959, show he was released from active duty on 9 December 1959 and transferred to the U.S. Army Reserve.
5. The available records do not contain a DD Form 214 (Report of Separation from the Armed Forces of the United States).
6. An NA Form 13038 issued on 10 September 1986 shows he was a member of the Regular Army from 10 December 1956 to 9 December 1959.
DISCUSSION AND CONCLUSIONS:
The applicant contends his service dates should be corrected to show 8 November 1952 to 10 November 1957 on his NA Form 13038. However, his military pay records show he enlisted on 10 December 1956 and separation orders show he was released from active duty on 9 December 1959. Therefore, there is insufficient evidence on which to amend his dates of service shown on his NA Form 13038.
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 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) AR20100021647
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021647
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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