IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140007007 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of entry as 
15 January 1954.  He further requests a review of his records to check for any awards and/or decorations he may be authorized.

2.  The applicant states his DD Form 214 incorrectly shows his date of entry as             15 January 1955.  It should instead be 15 January 1954.

3.  The applicant provides a self-authored statement, his DD Form 214, and a  WD Form 562 (Application for Correction of Military Record, Army of the United States).

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 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, he provided his DD Form 214, which contains sufficient information to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows in:

* item 3a (Grade, Rate, or Rank), his rank/grade as Specialist 3rd Class  (E-4) as a temporary rank earned on 18 June 1956
* item 19c (date of entry), he enlisted in the Regular Army and entered active duty on 15 January 1955
* item 24a(1) (Net Service this Period), exactly 3 years
* Item 24c (Foreign and/or Sea Service), a period of 1 year and 
4 months, but the DD Form 214 does not state the location where this service took place
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he received an "NDSF"
* item 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed), he completed training as an Auto Repairman in 1954
* item 32 (Remarks), he earned the permanent rank of Private (E-2) on       15 May 1954

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of their military service at the time of separation.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service during periods which include between 27 July 1950 and 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  Although no records are available, the information available on the provided DD Form 214 gives sufficient information to indicate his actual date of entry was           15 January 1954 rather than 15 January 1955.  This is based upon:

* item 24a(1) shows exactly 3 years; the period 15 January 1955 through  14 January 1957 is exactly 2 years
* item 28 shows completion of Auto Repairman training in 1954; he could not have completed this training unless he was on active duty
* item 32 shows he was promoted to private E-2 on 15 May 1954; he could not have been promoted unless on active duty

2.  Clearly an administrative error occurred in the preparation of his DD Form 214, and as such, the date of entry should be corrected to reflect 15 January 1954.

3.  He has a qualifying period of service for receipt the NDSM.  Item 26 shows the award of an NDSF, but no such award could be found in Army Regulation 600-8-22.  This, too, was likely an administrative error, and should be corrected to show award of the NDSM.

4.  Unfortunately, no other evidence is either available or provided that might assist in identifying any other awards or decorations for which he might be eligible.  As such, further requested relief cannot be granted.

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:

* amending item 19c of his DD Form 214 to show he entered the Regular Army and active duty on 15 January 1954
* amend item 26 of his DD Form 214 to show he was awarded the "NDSM" and not the "NDSF"

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 conducting a personnel  

records review and amending his DD Form 214 to reflect any additional awards and decorations for which he may be eligible.




      ___________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)                                         AR20140007007





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007007



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1