IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004608
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 item 6 (Effective Date of Separation) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was separated from active duty on 25 March 1953 instead of 25 March 1951.
2. The applicant states, in effect:
a. The separation date on his DD Form 214 is recorded as 25 March 1951. This date is a typographical error and is impossible, since he enlisted on 7 April 1951.
b. He was transferred to the U.S. Army Reserve (USAR) on 26 March 1953, as reflected on his Honorable Discharge Certificate. His separation date on his DD Form 214 should be 25 March 1953.
3. The applicant provides his DD Form 214 and his DD Form 256A (Honorable Discharge Certificate), dated 5 April 1957.
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 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows:
* he enlisted in the Regular Army on 7 April 1951
* he completed 1 year, 11 months, and 19 days of net service
* he was released from active duty on 25 March 1951
4. He provides an Honorable Discharge Certificate, dated 5 April 1957, which states:
* he enlisted on 7 April 1951
* he was transferred to the USAR effective 26 March 1953
* he was honorably discharged from the USAR on 5 April 1957
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 6, enter the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention regarding the incorrectness of item 6 of his DD Form 214 has been carefully considered and appears to have merit.
2. His DD Form 214 shows he enlisted in the Regular Army on 7 April 1951 and completed 1 year, 11 months, and 19 days of net service prior to his separation.
3. His Honorable Discharge Certificate shows he was transferred to the USAR on 26 March 1953. Therefore, his separation date from active duty would have been 25 March 1953, the day before his effective date of transfer to the USAR.
4. The period of service between 7 April 1951 and 25 March 1953 (the day before the effective date of his transfer to the USAR) equates to 1 year, 11 months, and 19 days, which corresponds to the period of service documented on his DD Form 214.
5. Since his DD Form 214 shows he was separated on 25 March 1951, it is reasonable to conclude the year entry in item 6 of his DD Form 214 was incorrectly typed and should be "53," not "51."
6. In view of the foregoing, item 6 of his DD Form 214 should be corrected to show he was separated on 25 March 1953.
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 from item 6 of his DD Form 214 the current entry and replacing it with the entry "25 MAR 53" (25 March 1953).
_______ _ 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) AR20140004608
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ABCMR Record of Proceedings (cont) AR20140004608
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