BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020171
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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 24 June 1953 of her deceased husband, a former service member (FSM), to show his dates of last civilian employment (item 41) as 1941 to 1943 instead of 1943 to 1946.
2. The applicant states the FSM's DA Form 493 (Separation Qualification Record) shows the correct dates of civilian employment. She states the FSM served in the U.S. Marine Corps during the period 24 June 1943 to 6 March 1946.
3. The applicant provides:
* the FSM's death certificate
* their marriage certificate and marriage license
* the FSM's DD Form 214
* the FSM's DA Form 493
* the FSM's U.S. Marine Corps Honorable Discharge Certificate
* an unidentified Marine Corps service document
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 FSM's 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 FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. Following prior U.S. Marine Corps service, the FSM was inducted into the Army on 21 June 1950.
4. The FSM was honorably discharged from active duty on 24 June 1953 in the rank of private first class/E3. He completed 3 years of creditable active service during the period covered by the DD Form 214 he was issued for this period of service.
5. Item 41 of this DD Form 214 shows his dates of last civilian employment as 1943 to 1946.
6. Item 9 (Record of Civilian Employment) of his DA Form 493 shows his dates of last civilian employment as 1941 to 1943.
7. The applicant provided an unidentified U.S. Marine Corps service document showing the FSM served from 24 June 1943 to 6 March 1946. This form shows the FSM served in the Asiatic Pacific Area from 5 April 1944 to 27 December 1945. The FSM's U.S. Marine Corps Honorable Discharge Certificate shows he was discharged on 6 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The FSM's DA Form 493 shows his dates of last civilian employment as 1941 to 1943.
2. While the FSM's DD Form 214 for the period ending 24 June 1953 shows his dates of last civilian employment as 1943 to 1946, the U.S. Marine Corps service documentation provided by the applicant shows the FSM was serving on active duty in the U.S. Marine Corps during that period. While his civilian employment status from 1946 to 1950 is unknown, it is reasonable to presume the dates entered on his DA Form 493 are correct; therefore, it would be appropriate to change the FSM's DD Form 214 for the period ending 24 June 1953 to show his dates of last civilian employment as 1941 to 1943.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 amending the FSM's DD Form 214 for the period ending 24 June 1953 to show his dates of last civilian employment as 1941 to 1943.
_______ _ 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) AR20110020171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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