IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028484
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, the widow of a deceased former service member (FSM), requests items 15 (Inducted) and 19 (Date and Place of Entry into Active Service) of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show 26 April 1951 instead of
26 April 1953.
2. The applicant states:
* The date of entry on his DD Form 214 is listed as 26 April 1953 which is two weeks after his separation date
* His date of entry should be listed as 26 April 1951 based on the "Statement of Service for Pay Purposes" shown on the DD Form 214
3. The applicant provides:
* FSM's death certificate
* 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. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSM'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. Item 6 (Effective Date of Separation) of his DD Form 214 shows the entry
"11 Apr 53" [11 April 1953]. Items 15 and 19 show the entries" 26 Apr 53"
[26 April 1953]. Items 22 (Net Service completed for Pay Purposes This Period) and 24 (Total Net Serviced Completed for Pay Purposes) show the entries
"1 11 16" [1 year, 11 months, and 16 days].
4. The period of service from 26 April 1951 to 11 April 1953 is 1 year,
11 months, and 16 days.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's contention that items 15 and 19 of the FSM's DD Form 214 are incorrect.
2. Evidence shows the FSM was separated on 11 April 1953 after completing
1 year, 11 months, and 16 days. He could not have been inducted on a date after his separation. Since the period of service from 26 April 1951 to 11 April 1953 is 1 year, 11 months, and 16 days, and his DD Form 214 shows he completed 1 year, 11 months, and 16 days, it would be appropriate to correct items 15 and 19 of his DD Form 214 to show he was inducted and entered active duty on 26 April 1951.
BOARD VOTE:
__X____ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in items 15 and 19 of his DD Form 214 and replacing the entries with "26 April 1951."
_______ _ 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) AR20100028484
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ABCMR Record of Proceedings (cont) AR20100028484
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