IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110017024 


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 item 19c (Date of Entry) of his DD Form 214 (Report of Transfer or Discharge) for the period ending 18 November 1959.

2.  The applicant states:

* he entered active duty the first time in 1955, not in 1956
* his second period of active duty was from 15 December 1956 to 18 November 1959

3.  The applicant provides his DD Form 214 for the period ending 18 November 1959.

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 for review.  However, this case is being considered using reconstructed records which primarily consists of his DD Form 214 for the period ending 18 November 1959 and his pay records.

3.  His pay records show he was inducted into the Army of the United States on 2 March 1955 and he enlisted in the Regular Army on 21 December 1956.

4.  There is no DD Form 214 for the period 2 March 1955 to 20 December 1956 in the available records.

5.  His DD Form 214 for the period ending 18 November 1959 shows he enlisted in the Regular Army on 21 December 1956 for a period of 3 years with 1 year, 9 months, and 19 days of prior service.  He served as an air defense artillery automatic weapons crewman.  On 18 November 1959, he was released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.

6.  Item 11d of his DD Form 214 shows the entry "18 Nov 59" (18 November 1959).  Item 19c shows the entry "21 Dec 56" (21 December 1956).  Item 24a(2) (Other Service) shows he previously completed 1 year, 9 months, and 19 days (his service from 2 March 1955 to 20 December 1956).

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated to enter the date entered on active duty or the date enlistment or reenlistments were accomplished in item 19c.

8.  U.S. Army Reserve Components Personnel and Administration Center, Standing Operating Procedures, appendix XIII-3-4-XIIII, dated 24 April 1982, stated a DD Form 214 was not issued to active duty personnel who were discharged and reenlisted between 22 July 1952 and 24 February 1957 and the next DD Form 214's "From" date did not cover the period of prior enlistment(s).  For service involving the foregoing period, a DD Form 215 (Correction to DD Form 214) was prepared correcting the DD Form 214 issued at the time of the next separation to show all military service not previously covered by the DD Form 214.  An example of a completed DD Form 215 for that type of service showed the original enlistment date and term of enlistment, honorable date of discharge, and reenlistment date and term of reenlistment would be added to the Remarks section of a DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's contention that he entered active duty the first time in 1955, not in 1956.  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.  At that time, a DD Form 214 was not issued upon immediate enlistment/reenlistment.

2.  He immediately enlisted in the Regular Army on 21 December 1956.  He was discharged on 18 November 1959 and issued a DD Form 214 showing only his period of service from 21 December 1956 to 18 November 1959 with his prior active service shown as a consolidated entry of 1 year, 9 months, and 19 days.

3.  As a matter of equity, he should be issued a DD Form 215 adding the date of his induction and the date he was honorably discharged to enlist to his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 18 November 1959 by issuing a DD Form 215 to show he was inducted on 2 March 1955 and he was honorably discharged on 20 December 1956 to enlist.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  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 his DD Form 214 for the period ending 18 November 1959:


* inducted on 2 March 1955
* honorably discharged on 20 December 1956 to enlist

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 19c of his DD Form 214 for the period ending 18 November 1959.



      ____________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)                                         AR20110017024



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ABCMR Record of Proceedings (cont)                                         AR20110017024



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