IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130016172
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 records to show he served on active duty until 6 December 1959 instead of 5 December 1958.
2. The applicant states he was a patient at Letterman Army Hospital, San Francisco, CA, for over one year.
3. The applicant provides:
* DD Form 737 (Immunization Certificate)
* National Personnel Records Center (NPRC) Certification of Military Service
* Department of Veterans Affairs (VA) Form 9 (Appeal to Board of Veterans' Appeals)
* a letter addressed to the VA, dated 12 October 2012
* VA Form 21-4138 (Statement in Support of Claim)
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, this case is being considered using a reconstructed record provided by NPRC
3. Special Orders Number 244, dated 6 December 1956, issued by the U.S. Army Recruiting Main Station, Detachment 2, show the applicant was inducted into the Army of the United States (AUS) on 6 December 1956, for a period of
24 months.
4. Special Orders Number 233, dated 28 November 1958, issued by Headquarters, Presidio of San Francisco, CA, show that the applicant was released from active duty on 5 December 1958. He was assigned to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. The applicant provides a Certification of Military Service, dated 12 June 2003, which shows he was a member of the AUS from 6 December 1956 to
5 December 1958.
6. The applicant provides a DD Form 737 that shows he was administered a polio vaccination on 31 July 1959.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the through date of his active duty service to show 6 December 1959 was carefully considered and it was determined there is insufficient evidence to support his request.
2. The available records show that he was inducted into the AUS for a 2-year term of service during the period 6 December 1956 through 5 December 1958. He provided an immunization certificate showing he was immunized on 31 July 1959. Unfortunately, that document alone is not sufficient to corroborate that he continued to serve on active duty after 5 December 1958. There is no evidence in the available records and he has not provided sufficient evidence that supports his claim that he was released from active duty on 6 December 1959. In view of the foregoing, 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:
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) AR20130016172
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ABCMR Record of Proceedings (cont) AR20130016172
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