IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012260
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active duty on 6 March 1952.
2. The applicant states that he entered the service prior to 1955 and he believes his DD Form 214 should reflect his exact entry date.
3. The applicant provides a DD Form 47 (Record of Induction).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents in a reconstructed record for the Board to make a fair and impartial determination.
3. A DD Form 47 , dated 6 March 1952, indicates he was inducted into the Army of the United States (AUS) on 6 March 1952; however, this form also indicates that he was accepted but not inducted into the armed forces on the same date.
4. A second DD Form 47, dated 7 September 1955, indicates he was inducted into the AUS on 7 September 1955. This form also indicates he was accepted but he was not inducted on 6 March 1952 and that he did not have prior active military service as of his induction date.
5. Item 10 (Enlisted or Inducted) of his DA Form 20 (Enlisted Qualification Record) shows he entered the Army on 7 September 1955. His DA Form 20 does not show service prior to 7 September 1955.
6. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) does not show service prior to 7 September 1955. Section
10 (Remarks) indicates he had a total of 8 months and 5 days of creditable service for pay at the time of induction. It also indicates the service was verified by National Guard Bureau (NGB) records on 12 September 1955.
7. His DD Form 214 shows he was inducted on 7 September 1955 and that he was honorably released from active duty on 21 August 1957 after completing
1 year, 11 months, and 14 days of active service. Item 24a(2) (Other Service) shows 8 months and 5 days.
8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he entered the service on 6 March 1952 has been carefully reviewed.
2. A DD Form 47 shows he was inducted into the AUS on 7 September 1955 and that he did not have prior active military service prior to his induction date. This form also shows he was accepted but not inducted on 6 March 1952. His DA Forms 20 and 24 do not reflect active service prior to 7 September 1955.
3. Although his DD Form 24 shows he had 8 months and 5 days of creditable service for pay prior to his 7 September 1955 induction, it appears this service was performed as a member of the Army National Guard and not active duty service.
4. There is no evidence in the available records showing he entered active duty prior to 7 September 1955. Therefore, his DD Form 214 appears to be correct as currently constituted.
5. Based on the foregoing, there is no basis to grant 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) AR20110012260
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012260
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002394
IN THE CASE OF: BOARD DATE: 27 September 2012 DOCKET NUMBER: AR20120002394 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20 (Enlisted Qualification Record) shows in Item 33 (Record of Assignments) the applicant: a. entered the basic combat training course at Fort Chafee, on 22 November 1955; b. entered advanced individual training at Fort Lewis, on 15 February 1956; c. was assigned to the 9th Infantry Regiment at Fort Lewis on 21 April 1956 with duty as an ammunition...
ARMY | BCMR | CY2011 | 20110012916
The available records do not contain a DD Form 214 covering the period 18 March 1954 through 6 September 1955. The available records do not contain a DD Form 214 covering the period 7 September 1955 through 25 July 1957. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the Remarks section of his DD Form 214 for the period ending 25 July 1963 the following entry: * Inducted on 18 March 1954 * Honorably discharged...
ARMY | BCMR | CY2014 | 20140004361
The applicant does not provide any evidence. There is no evidence in the available records that shows (or fails to show) that he became a U.S. citizen, while still on active duty, or he submitted any personnel actions to change his citizenship status on his military records. Therefore, his DD Form 214 correctly contains the entry "No" to show he was not a U.S. citizen at the time he was released from the military and there is no reason to change the DD Form 214.
ARMY | BCMR | CY2011 | 20110002677
The applicant requests correction of his records to show his date of birth (DOB) as 10 February 1929 instead of 28 November 1928. In each case, he indicated his DOB was 28 November 1928 and he authenticated each reenlistment contract by placing his signature in the appropriate blocks. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is...
ARMY | BCMR | CY2012 | 20120010223
His DD Form 214 for the period ending on 14 April 1952 correctly shows he complete 3 years, 5 months, and 24 days for foreign service. His DD Form 214 for the period ending on 14 April 1961 correctly shows he completed 4 years, 6 months, and 23 days or foreign service. At the time of retirement only foreign service completed during the period covered by the DD Form 214 should be listed.
ARMY | BCMR | CY2002 | 2002073699C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's military records contain a copy of NGB Form 24 (Service and Qualification Record) that shows that he was separated on 7 November 1954, by reason of induction into the AUS. The applicant's records clearly show that he was inducted on 5 October 1955, instead of 5 November 1954.
ARMY | BCMR | CY2009 | 20090007385
The applicant states that he was never given service credit for his USCG service from 1941 to 15 August 1945 or his USNR service from 21 October 1947 to 10 January 1949. The applicants records show he was honorably released from active duty on 31 July 1975 and was placed on the retired list in his retired grade of specialist six/E-6 on 1 August 1975. The evidence of record shows the applicant served in the USNR from 21 October 1947 to 20 October 1952.
ARMY | BCMR | CY2014 | 20140015397
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. His examining physician completed a Standard Form 88 (Report of Medical History) and noted the applicant's medical issues in addition to the condition of hypertension. The ABCMR decides cases on the evidence of record.
ARMY | BCMR | CY2011 | 20110017024
There is no DD Form 214 for the period 2 March 1955 to 20 December 1956 in the available records. His pay records show he was inducted into the Army of the United States on 2 March 1955 and it appears he was discharged on 20 December 1956 for enlistment in the Regular Army after serving 1 year, 9 months, and 19 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following entries to the Remarks section of...
ARMY | BCMR | CY2009 | 20090013990
The applicant requests award of the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp. The applicants military records are not available to the Board for review. The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.