IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110006397
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 (Certificate of Release or Discharge from Active Duty) to show all of his active duty service.
2. The applicant states he served in the Army Transportation Corps aboard an Army vessel from 6 May 1945 to 9 October 1947, but his DD Form 214 only shows his service as 3 months and 10 days.
3. The applicant provides his DD Form 214 and a letter.
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 records showed he served as a civilian employee of the Army Transportation Corps aboard a vessel from 6 May 1945 to 9 October 1947.
3. On 1 November 1988, he was notified by the U.S. Army Reserve Personnel Center that his discharge under the provisions of Public Law 95-202 had been approved. The notification further stated the Civilian Service Review Board was authorized to review civilian applications for service performed between 7 December 1941 and 15 August 1945 and to give creditable service for that period only.
4. Item 12 (Record of Service) of the DD Form 214 he was issued shows he entered active duty on 6 May 1945 and separated on 15 August 1945. His creditable active service was 3 months and 10 days, all of which was foreign service.
5. Section 401 of Public Law 95-202, The GI Bill Improvement Act of 1977, authorized the Secretary of Defense to determine whether the service of members of civilian or contractual groups should be considered active duty for the purposes of all laws administered by Department of Veterans Affairs. This law stated civilian crewmen of the U.S. Coast and Geodetic Survey (USCGS) vessels who performed their service between 7 December 1941 and 15 August 1945 would be considered as having served on active duty.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was credited with active service in the Army Transportation Corps from the date he began his employment aboard a USCGS vessel through 15 August 1945. In accordance with public law, any time served after 15 August 1945 was not creditable as active service. Therefore, his DD Form 214 correctly reflects his creditable active service as 3 months and 10 days and 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 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) AR20110006397
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ABCMR Record of Proceedings (cont) AR20110006397
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