BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018966
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he performed active service from 14 June to 13 December 1957.
2. The applicant states when he took his DD Form 214 to the Social Security Administration he was told it did not indicate he performed active duty service because it shows he entered active duty on 14 December 1957 and was released from active duty on 13 December 1957. However, it does show he served on active duty for 6 months. He needs a DD Form 214 to show his correct dates of service in order to collect social security benefits. He believes his DD Form 214 may have been destroyed at the National Personnel Records Center (NPRC) in the fire that occurred in 1973.
3. The applicant provides his DD Form 214, DD Form 220 (Active Duty Report), and DA Form 20 (Enlisted Qualification Record).
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 NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, his reconstructed record contains numerous documents which are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the U.S. Army Reserve (USAR) on 12 March 1957. His reconstructed record contains a DA Form 24 (Service Record) wherein it shows in Section 4 (Chronological Record of Military Service) that he entered active duty on 14 June 1957, completed basic training at Fort Leonard Wood, MO, and from 3 September to 13 December 1957 was assigned to the 519th Ordnance Company, Fort Carson, CO, for advanced individual training.
4. His reconstructed record contains a DD Form 220, dated 13 December 1957, issued by Headquarters, Fort Carson, wherein it shows he entered active duty on 14 June 1957 and his active duty service terminated on 13 December 1957.
5. He was honorably released from active duty on 13 December 1957 to the control of his USAR unit.
6. The applicant provides and his reconstructed record contains the DD Form 214 he was issued wherein it shows the following entries in:
* item 11d (Effective Date) - 13 December 1957
* item 18c (Date of Entry) - 14 December 1957
* item 24a(1) (Net Service this Period) - 6 months
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant entered active duty on 14 June 1957 and was honorably released from active duty on 13 December 1957. It is obvious that an administrative error occurred when his DD Form 214 was prepared and the month he entered active duty was listed as December. Therefore, it would be appropriate to correct his DD Form 214 to show the correct date he entered active duty.
BOARD VOTE:
___X_____ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 18c of his DD Form 214 and replacing it with the entry 14 June 1957.
_______ _ 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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