BOARD DATE:	 20 June 2013 

		DOCKET NUMBER:  AR20120021372 


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 in Item 6 (Effective Date of Separation) 4 December 1956 instead of 23 December 1953. 

2.  The applicant states his records were destroyed in a fire and he needs his  DD Form 214 corrected because he served in the Korean War.

3.  The applicant provides his DD Form 214 and his United States of America Certification of Military Service.

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.  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 applicant's DD Form 214 shows he was inducted into the Army of the United States on 6 August 1952.  

4.  His DD Form 214 shows he performed 7 months and 27 days of foreign and/or sea service and he was awarded the Korean Service Ribbon with one battle campaign star and the Combat Infantryman Badge.

5.  His DD Form 214 shows he was honorably discharged on 23 December 1953, in the temporary rank of corporal to enlist in the Regular Army.  He completed 1 year, 4 months, and 18 days of creditable active military service with no lost time.

6.  His record contains Special Orders Number 238, issued by Headquarters, Personnel Center (7502), Fort Buchanan, Puerto Rico, dated 4 December 1956, which show the applicant was released from active duty in the rank of private first class (PFC) and transferred to the U.S. Army Reserve (USAR) Control Group effective 5 December 1956 for the purpose of completing 8 years of active and Reserve service.  

7.  The applicant provides his United States of America Certification of Military Service issued on 5 May 1981, which shows he was a member of the Regular Army from 6 August 1952 through 4 December 1956.  The document further shows he was honorably released from active duty in the rank of PFC.
  
8.  Army Regulation 635-5 (Separation 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 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  A DD Form 214 will not be reissued to replace missing copies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the effective date of separation on his DD Form 214 should be corrected to show 4 December 1956 instead of 23 December 1953. 
2.  Evidence shows the applicant was inducted into the Army of the United States on 6 August 1952, served in Korea, and was subsequently honorably discharged from service on 23 December 1953, to enlist in the Regular Army.

3.  His reconstructed record is void of the facts and circumstances surrounding his presumed subsequent enlistment in the Regular Army; however, his record does contain Special Orders Number 238 which show he was released from active duty and transferred to the USAR to complete his service obligation on     4 December 1956.  

4.  It appears the applicant should have received a subsequent DD Form 214 presumably for the period 24 December 1953 through 4 December 1956; however, it is believed that this record may have been lost or destroyed in the 1973 fire.  The Certification of Military Service (although it contains an incorrect FROM date) is an authorized substitute for a lost DD Form 214.

5.  In the absence of evidence to the contrary, it is presumed the effective date of separation shown on his available DD Form 214 is correct.  Therefore, there is insufficient evidence 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)                                         AR20120021372





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021372



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1