BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130008516 


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 was separated on 7 February 1952 and he completed 3 years, 6 months, and 14 days of net service during this period.

2.  The applicant states the DD Form 214 for his initial period of service does not show the correct separation date or period of creditable service.

3.  The applicant provides copies of two DD Forms 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 complete military service 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record, along with the DD Forms 214 provided by the applicant, for the Board to conduct a fair and impartial review of this case.

3.  A Veterans Administration Form 7302a (Master Index Card) shows the applicant enlisted on 24 August 1948, reenlisted on 8 February 1952, and was discharged on 7 February 1955.

4.  Signal Corps Center, Fort Monmouth, NJ, Special Orders Number 25, dated 2 February 1955, discharged the applicant effective 7 February 1955.

5.  The applicant provided the following documents in support of his application:

	a.  His DD Form 214 for the period ending 7 January 1952 shows he enlisted in the Regular Army on 24 August 1948 for a period of 3 years; he was extended for a period of 1 year under the provisions of Public Law 51, 82nd Congress; and he was honorably discharged on 7 January 1952 to reenlist in the Regular Army.  It also shows:

* in item 6 (Effective Date of Separation) – 7 January 1952
* in item 22 (Net Service Completed for Pay Purposes This Period) – 3 years, 5 months, and 14 days
* in item 24 (Total Net Service Completed for Pay Purposes – 3 years, 5 months, and 14 days

	b.  His DD Form 214 for the period ending 7 February 1955 shows he reenlisted in the Regular Army on 8 February 1952 for a period of 3 years and he was honorably discharged on 7 February 1955.  It also shows:

* in item 22 – 3 years
* in item 23 (Other Service) – 3 years, 5 months, and 14 days
* in item 24 – 6 years, 5 months, and 14 days

6.  Service Regulation 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be corrected to show he was initially discharged on 7 February 1952 and he completed 3 years, 6 months, and 14 days of service during his initial period.

2.  The evidence of record shows the applicant had two terms of enlistment in the Regular Army.  He initially enlisted on 24 August 1948 and was honorably discharged on 7 February 1952 for the purpose of immediate reenlistment.  He reenlisted on 8 February 1952 and was honorably discharged on 7 February 1955.

	a.  A computation of the applicant's two periods of service shows the following:

	1952  02  07		date of initial discharge to reenlist
	- 1948  08  24			date of initial enlistment
	=     03  05  13
	+ _                1		inclusive day
	=     03  05  14		net service completed for pay purposes (initial term of 
			enlistment)

	1955  02  07		date of second discharge
	- 1952  02  08		date of reenlistment
	=    02  11  29
	+                   1		inclusive day
	=     03  00  00		net service completed for pay purposes (second term of 
			enlistment)

	b.  A total computation of the two periods of service shows the following:

	03  05  14			initial enlistment period
	+     03  00  00	reenlistment period
	=     06  05  14	total net service completed for pay purposes

3.  Thus, the available evidence shows the applicant's initial discharge date as shown on his initial DD Form 214 should be corrected to show 7 February 1952.  However, the evidence of record shows the periods of his net, other, and total service are correctly recorded on both of his DD Forms 214.

4.  In view of the foregoing evidence, it would be appropriate to correct the effective date of separation shown on his initial DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x_  _____x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "7 January 52" from item 6 of his initial DD Form 214 and replacing it with the entry "7 February 52."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to creditable periods of service.



      __________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)                                         AR20130008516



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ABCMR Record of Proceedings (cont)                                         AR20130008516



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