IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140010503
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 (Report of Separation from the Armed Forces of the United States) to show his date of release from active duty as 1954.
2. The applicant states the DD Form 214 is incorrect and he would like to have all of his records corrected before he dies.
3. The applicant provides a 1954 notice from Finance and Accounting Office, Fort Bliss, TX; and his DD Form 214.
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 were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant and a single reconstructed separation order.
3. Headquarters, Personnel Center Special Orders Number 40, dated 17 February 1954, released the applicant from active duty effective 19 February 1954.
4. The Finance and Accounting Office memorandum notified the applicant that his Treasury Department Form W-2 for 1 January 1954 to the date of separation was attached.
5. The applicant's DD Form 214 shows:
* induction on 27 March 1952
* advancement to corporal on 14 July 1953
* separation on 19 February 1953
* 1 year, 10 months, and 23 days of active duty service
* 1 year, 5 months, and 7 days of foreign service
DISCUSSION AND CONCLUSIONS:
1. With the exception of the date of separation on the DD Form 214, all of the available evidence shows that the applicant was released from active duty in 1954, not 1953.
2. It would be appropriate to correct the DD Form 214 to show the year of separation as 1954.
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 correcting the date of separation on the DD Form 214 to 19 February 1954.
_______ _ 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) AR20140010503
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010503
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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