BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013925
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in item 30 (Service Schools or Colleges, College Training Course and/or Post Graduate Courses Successfully Completed) to credit him with 10 years vice 10 weeks.
2. The applicant states he worked at Aberdeen Proving Ground, MD for 10 years but was only given credit for 10 weeks.
3. The applicant provides 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 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 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him 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 and entered active duty on 3 January 1952 and was honorably released from active duty on 5 December 1953. He completed 1 year, 11 months, and 3 days of net active service, of which 1 year, 5 months, and 3 days was credited as foreign service. Additionally, item 30 shows he was enrolled in/completed the 10-week Ordnance Storage Specialist Course at Aberdeen Proving Ground, MD in 1952.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 30 of his DD Form 214 should be corrected to show 10 years vice 10 weeks has been carefully considered.
2. The evidence of record shows he served on active duty for 1 year, 11 months and 3 days, of which only six months were served within the continental United States. As such, while he may have worked at Aberdeen Proving Ground for a period of 10 years, this could not have occurred during the period of time covered by his DD Form 214.
3. Furthermore, the entries in item 30 of the DD Form 214 pertain to courses and schools a service member has completed or attended during the period of service covered by their DD Form 214. It does not pertain to duty locations or length of service.
4. Based on the foregoing, there is an insufficient evidentiary basis 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.
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