IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120021191
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 date of entry shown on his DD Form 214 (Report of Separation).
2. The applicant states that the date shown for entry and separation show the same year.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were destroyed, or lost, in that fire. However, sufficient information is available to conduct a fair and impartial review of this case.
3. The DD Form 214 shows in:
* item 6 (Effective Date of Separation) 22 January 1954
* item 19 (Date of Entry) 23 January 1954
* item 22 (Net Service Completed for Pay Purposes This Period) 3 Years, 0 Months, and 0 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Parachutist Badge awarded 18 July 1951
* item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) 82nd Airborne Jump School, June 1951-July 1951
* item 38 (Remarks) No time lost; Permanent rank- private 23 May 1951
DISCUSSION AND CONCLUSIONS:
1. Item 19 of his DD Form 214 states he entered active duty on 23 January 1954; yet, the applicant completed exactly 3 years of active duty service on
22 January 1953 and he had no lost time.
2. He was promoted in May 1951 and completed parachute school in July 1951.
3. Obviously, the applicant entered active duty on 23 January 1951.
4. His DD Form 214 should be corrected.
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 changing item 19 of his DD Form 214 to read 23 January 1951.
_______ _ 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) AR20120021191
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120021191
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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