BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026392 


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 (Armed Forces of the United States Report of Transfer or Discharge) to amend his discharge date from 31 December 1956 to 31 December 1958.

2.  The applicant states he is submitting orders which show he was still serving in 1958, as proof that the discharge date of 31 December 1956 shown on his       DD Form 214 is incorrect.  

3.  The applicant provides:

* Letter of Transmittal, Headquarters, 25th Infantry Division and Schofield Barracks, dated 5 January 1956, with 1st endorsement dated 6 January 1956
* Special Order Number 285, Headquarters, Transfer Station, Fort Sheridan IL, dated 29 December 1956
* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of Minnesota)
* Special Orders (U.S. Army Reserve (USAR)) Number 97, Headquarters, 14th U.S. Army Corps (Reserve), dated 16 May 1958
* DD Form 256A (Honorable Discharge Certificate)
  


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.  The applicant's DD Form 214 indicates he enlisted in the Minnesota Army National Guard (MNARNG), for an 8-year term, on 23 March 1953.  This form also shows he was called to active duty on 22 January 1955, and he served for  1 year, 11 months, and 9 days prior to his release from active duty.  
4.  Special Order Number 285, Headquarters, Transfer Station, Fort Sheridan, IL, dated 29 December 1956, orders him to proceed to his home of record on    
30 December 1956, so as to be released from active duty, at his home, on        31 December 1956.  This document also notifies him that he will revert to State control, as a member of the MNARNG and for the remainder of his service obligation, on 1 January 1957.

5.  His DD Form 214 shows he was released from active duty and returned to the MNARNG on 31 December 1956.  

6.  He provides:

   a. NGB Form 22, which records his service in the MNARNG from                  2 December 1954 through 1 December 1957.  This form credits him with 1 year, 11 months, and 9 days of active duty during this period of enlistment, which coincides with the amount of active duty documented on his DD Form 214. 

   b. Special Orders (USAR) Number 97, Headquarters, 14th U.S. Army Corps (Reserve), dated 16 May 1958, which acknowledges his separation from the Army National Guard, and his assignment to a USAR unit on or about                 2 December 1957.

   c. DD Form 256A, which shows he was discharged from the USAR on        30 June 1961.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  

DISCUSSION AND CONCLUSIONS:
1.  The applicant's request for correction of his DD Form 214, to amend his discharge date from 31 December 1956 to 31 December 1958, was carefully considered; however, there is insufficient evidence to support this request.

2.  Special Order Number 285, dated 29 December 1956, and his DD Form 214 confirm his separation from active duty on 31 December 1956.  

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is not intended to document Reserve Component service performed after a Soldier's release from active duty.  

4.  In view of the foregoing, there is no basis for granting relief in this case.

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)                                         AR20080019382



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ABCMR Record of Proceedings (cont)                                         AR20100026392



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