IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007446
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 (Report of Separation from the Armed Forces of the United States) to show he entered active duty on 11 January 1952 instead of 11 January 1953.
2. The applicant provides no explanation.
3. The applicant provides a copy of his 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 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 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The DD Form 214 provided by the applicant shows in:
* Item 6 (Effective Date of Separation) the entry "29 Dec 53" (29 December 1953)
* Item 19 (Date and Place of Entry into Active Service) the entries "11 Jan 53" (11 January 1953) and "Toledo, Ohio"
* Item 22 (Net Service Completed for Pay Purposes This Period) the entry "1 11 19" (1 year, 11 months, and 19 days)
DISCUSSION AND CONCLUSIONS:
The applicant contends he entered active duty on 11 January 1952 instead of
11 January 1953. His DD Form 214 shows he was released from active duty on 29 December 1953 after completing 1 year, 11 months, and 19 days of net service completed this period. The time from 11 January 1952 through
29 December 1953 equates to 1 year, 11 months, and 19 days. Therefore, item 19 of the applicant's DD Form 214 should be corrected to show his date of entry into active service as 11 January 1952.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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
deleting from item 19 of his DD Form 214 the current date of entry and replacing it with the entry "11 Jan 52."
__________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) AR20120007446
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120007446
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