IN THE CASE OF:	  

		BOARD DATE:  10 July 2012

		DOCKET NUMBER:  AR20120001218 


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 records to show he was drafted on 
9 April 1944.

2.  The applicant states he was drafted in April 1944 and was discharged for the purpose of immediate reenlistment on 1 November 1945.  He was subsequently honorably discharged from active duty on 26 November 1946 after serving 
1 year, 7 months, and 18 days.  He contends that he enlisted in the Army National Guard (ARNG) in 1949 and his unit was activated on 16 January 1951.  He was released from active duty on 17 August 1952 and his DD Form 214 (Report of Separation from the Armed Forces of the United States) states in item 24 that his net service was 4 years, 2 months, and 16 days, which means he would have had to serve on active duty the first time for at least 2 years, 
7 months, and 18 days.

3.  The applicant provides two WD AGO Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a 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 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.  This case is being considered based on the documents provided by him.

3.  A WD AGO Form 53-55 indicates he was inducted into the Army on 9 April 1945 and entered active duty on the same date.  It also shows he was discharged on 1 November 1945 for the purpose of immediate reenlistment.  Item 37 (Total Length of Service) of the WD AGO Form 53-55 for this period of service shows 6 months and 23 days of continental service and no foreign service.

4.  A second WD AGO Form 53-55 shows he enlisted on 2 November 1945 and he was separated from active duty on 26 November 1946 for a total of 1 year and 25 days of active duty service.  Item 39 (Prior Service) shows 6 months and 23 days.  Item 43 (Longevity for Pay Purposes) shows 1 year, 
7 months, and 18 days.

5.  A DD Form 214 shows that he entered active duty as a member of the ARNG on 16 January 1951 and that he was released from active duty on 17 August 1952 and transferred to the ARNG.  The Statement of Service for Pay Purposes section of the DD Form 214 shows 1 year, 7 months, and 2 days of net service completed this period and 2 years, 7 months, and 14 of other service completed for pay purposes for a total of 4 years, 2 months, and 16 days of total net service completed for pay purposes.

6.  There is no evidence in the available records that shows he was drafted on 
9 April 1944 or that he served on active duty prior to 9 April 1945.

7.  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 duty.  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 records should be corrected to show he was drafted on 9 April 1944 has been carefully reviewed.

2.  The evidence shows he was inducted into the Army and entered active duty on 9 April 1945, reenlisted on 2 November 1945, and that he was separated on 
26 November 1946 for a total of 1 year, 7 months, and 18 days of active duty service.

3.  The applicant's exact date of enlistment in the ARNG is not known; however, the evidence further shows that he served on active duty as a member of the ARNG from 16 January 1951 to 17 August 1952 for a total of 1 year, 7 months, and 2 days of active service this period.  He was issued a DD Form 214 for this period of service that shows 2 years, 7 months, and 14 days of other service completed for pay purposes.  Service for pay does not necessarily mean service on active duty.  There is the possibility that this entry pertains to both, active and inactive service.

4.  Regardless of the entries shown on his DD Form 214, without documentation showing he was drafted, inducted, or entered active duty prior to 9 April 1945, there is insufficient evidence on which to base correcting his records to show he was drafted on 9 April 1944.

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)                                         AR20120001218



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ABCMR Record of Proceedings (cont)                                         AR20120001218



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