IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017632 


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, issuance of a Certification of Military Service to his father, a former service member (FSM), to show his rank as sergeant and a later separation date by 8 months (December 1952).

2.  The applicant states his father's rank and dates of service are in question based on the attached documents.  The findings are on a sound logical principal. They are official records that are inaccurate which have caused mayhem.  

3.  The applicant provides copies of his father's Certification of Military Service and Ranger Course certificate.

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 FSM’s complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there is sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The FSM's available records contain a Certification of Military Service, issued on 26 September 1994.  Although the form number is not shown, this is a national Archives (NA) Form 13038 (Certification of Military Service) and is primarily used to replace a lost or destroyed Report of Separation.

4.  This form shows the FSM was a member of the Regular Army (RA) from 1 November 1948 through 14 February 1952.  He was honorably discharged and he reenlisted in the RA on 15 February 1952.  His last grade, rank, or rating was not available. 

5.  The applicant provided copies of the FSM's following documents:

* Certification of Military Service for the period 1 November 1948 through 14 February 1952 which shows his rank as corporal
* Ranger Course certificate which shows the FSM completed this course on 9 December 1952 and his rank of sergeant

6.  The FSM's available record also contains the following:

   a.  A DD Form 214 which shows he reenlisted in the RA, in the rank of sergeant, on 15 February 1952 for 6 years.  He served as a light weapons infantryman.  He was discharged in the rank of private, pay grade E-1, on 31 December 1955, under the provisions of Army Regulation 615-368 ((Enlisted Men - Discharge - Unfitness (Undesirable Habits or Traits of Character), due to habits rendering retention in the service undesirable.  He was credited with completing 3 years, 9 months, and 19 days of net active service and 3 years, 3 months, and 14 days of prior active service for a total net service of 7 years, 1 month, and 3 days.

   b.  A letter, dated 18 November 2013, wherein the National Personnel Records Center advised the FSM that the record needed to answer his inquiry was not in their files as a fire destroyed the major portion of records of Army military personnel for the period 1912 through 1959.  Fortunately, there were alternate record sources that often contained information which could be used to reconstruct service record data lost in the fire.  The letter provided a Certification of Military Service to him.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his father's Certification of Military Service for the period 1 November 1948 through 14 February 1952 was carefully considered.  Unfortunately, this is not a military record.  This form was issued by the National Archives and Records Administration and any corrections to this form should be address to that agency since correction of this form is not within the purview of this Board. 

2.  However, the available evidence shows he reenlisted in the rank of sergeant on 15 February 1952.  Therefore, there is sufficient evidence to support issuing the FSM a memorandum or an appropriate document showing his rank as sergeant for this period of service.

3.  With respect to the discharge date shown on the FSM's Certification of Military Service, the evidence shows he was discharged from the RA on 14 February 1952 and reenlisted on 15 February 1952.  He was issued a DD Form 214 for his period of service from 15 February 1952 through 31 December 1955.  A copy of this DD Form 214 was provided to the applicant by separate correspondence.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 issuing the FSM a memorandum or an appropriate document for the period 1 November 1948 through 14 February 1952 showing his rank as sergeant.

2.  The Board further determined that 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:

* correcting the Certification of Military Service for the period 1 November 1948 to 14 February 1952 to show his rank as sergeant
* issuing him a Certification of Military Service for the period 1 November 1948 through 14 February 1952 with a separation of December 1952 or later



      _______ _   _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)                                         AR20130017632



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ABCMR Record of Proceedings (cont)                                         AR20130017632


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