IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004551
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) to show he served 181 days.
2. The applicant states his DD Form 214 is wrong as it shows his service as 5 months and 29 days [180 days] instead of the 181 days he served.
3. The applicant provides 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 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 complete 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 records show he was inducted into the Army of the United States (AUS) on 22 October 1954 and he held military occupational specialty 1622 (Disbursing Specialist).
4. He was honorably discharged from active duty on 20 April 1955 by reason of physical disability without severance pay in the rank/grade of private/E-2. He completed 6 months and 1 day [181 days] of creditable active service.
5. Item 22 (Net Service Completed for Pay Purposes this Period) and item 24 (Total Net Service Completed for Pay Purposes) of his DD Form 214 both contain the entry "0 5 29."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 of this regulation contains guidance for preparation of the DD Form 214. For the computation of creditable active service it states to subtract the beginning date of service from the ending date of service [and add 1 day to account for inclusive dates].
DISCUSSION AND CONCLUSIONS:
The applicant's reconstructed records show he served in the AUS from 22 October 1954 to 20 April 1955. When the beginning date of his service is subtracted from the ending date of his service the total is 5 months and 28 days. When 1 day is added to this, the total of his creditable active service is 5 months and 29 days which is correctly shown on his DD Form 214. Therefore, he is not entitled to the requested relief.
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) AR20110004551
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ABCMR Record of Proceedings (cont) AR20110004551
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