IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012521
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show in block 45 that he was single instead of married.
2. The applicant states that he was not married until 1962; however, his
DD Form 214 shows that he was married at the time of his discharge.
3. The applicant provides no additional documents with his application.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted in Berkley, West Virginia on 15 October 1952. He completed his training and was transferred overseas. He served in two campaigns in Korea and a total of 1 year, 1 month, and 19 days of foreign service. He was promoted to the rank of sergeant on 17 April 1954.
4. On 16 October 1954, he was honorably released from active duty (REFRAD) and was transferred to the West Virginia Military District (now known as the U.S. Army Reserve). He had served 2 years and 2 days of active service.
5. The copy of the DD Form 214 contained in the applicants reconstructed record shows in block 45 (Marital Status) a blacked out (redacted) entry that cannot be read. A review of the remaining documents failed to reveal what the applicants marital status was at the time of his REFRAD.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was single at the time of his REFRAD is not in doubt, the DD Form 214 that is contained in his reconstructed record does not indicate what entry was entered in block 45.
2. Additionally, there is no evidence to show what the applicants marital status was at the time or to substantiate his claim.
3. Since there is no evidence to show an error or injustice has occurred in this case, it must be presumed that his records are correct.
4. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now change his marital status in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
5. The applicant is advised that a copy of this decisional document which records the applicants contention that he was single will be filed in his official military records. This should serve to clarify any questions or confusion regarding his marital status at the time and satisfy his desire to have his marital status documented in his official military records. Accordingly, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120012521
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ABCMR Record of Proceedings (cont) AR20120012521
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