IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140014871 


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 (Report of Separation from the Armed Forces of the United States) to show his date of entry on active duty as 19 July 1950 in lieu of 19 March 1953.

2.  The applicant states his DD Form 214 is in error because he was in the military from 19 July 1950 to 17 December 1958. 

3.  The applicant provides 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 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 his case.

3.  The applicant's initial enlistment contract or induction record (July 1950) is not available for review.  However, his reconstructed record contains:  

	a.  VA Form 3-7-7202 (Master Index Card) that lists his name and serial number and indicates he enlisted in the Regular Army on 19 July 1950. 

	b.  A statement issued by the Depot Surgeon, on 11 May 1951, confirms the applicant was assigned to Headquarters Company, 307th Replacement Deport, Camp Kilmer, NJ, and he had been ill in quarters from 6 to 11 May 1951.

	c.  Joint Message Form, dated 11 May 1951, that also confirms the applicant was ill in quarters from 6 to 11 May 1951. 

	d.  Medical form, dated 25 November 1952, that shows the applicant was admitted to the U.S. Army Hospital, Fort Lee, VA, on 12 November 1952, and diagnosed with bronchopneumonia and treated with penicillin on 13 November 1952. 

	e.  Special Orders Number 60, issued by Headquarters, Training Command, Fort Lee, VA, on 16 March 1953, ordering his release from assignment to Headquarters Detachment, 2154th Army Service Unit, and discharging him from the Regular Army (RA) effective 18 March 1953 under the provisions of Army Regulation 615-360 (Enlisted Men – Discharge; Release from Active Duty) for immediate reenlistment.

4.  The applicant's DD Form 214 shows he reenlisted in the RA for 3 years on 
19 March 1953.  At the time of separation, he held military occupational specialty 642.10 (Heavy Vehicle Driver).  His DD Form 214 further shows he reenlisted in the RA for 3 years on 23 December 1955.  

5.  Special Orders Number 349, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, on 15 December 1958, ordered his discharge from active duty effective 17 December 1958.  


6.  On 17 December 1958, he was honorably discharged by reason of expiration of term of service.  His DD Form 214 shows in: 

* item 11d (Effective Date) – 17 December 1958
* item 19c (Date of Entry) – 19 March 1953
* item 24a(1) (Net Service This Period) – "5-8-17" (5 years, 8 months, and 17 days)
* item 24a(2) (Other Service) – "2-8-0" (2 years and 8 months)
* item 24a(3) (Total) – "8-4-17" (8 years, 4 months, and 17 days)
* item 24b (Total Active Service) – "8-4-17" (8 years, 4 months, and 
17 days)
* item 32 (Remarks) – 12 days lost time 

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant records are not available for review with this case.  However, there is sufficient evidence that shows he enlisted in the RA on 19 July 1950 and he was honorably discharged on 18 March 1953 for the purpose of immediate reenlistment.  He completed 2 years and 8 months of active service during this period of active service.  A DD Form 214 for this period of service is not available for review.  

2.  He reenlisted on 19 March 1953 and executed another reenlistment on 23 December 1955.  He was ultimately discharged on 17 December 1958 by reason of expiration of term of service.  He completed 5 years, 8 months, and 29 days of active service during this period.  However, he also had 12 days of lost time, which is not creditable service.  Therefore, he was credited with
5 years, 8 months, and 17 days of active service.  The lost time was subtracted from his active service.  

3.  His DD Form 214 correctly credited him with 5 years, 8 months, and 17 days of active service (the period from 19 March 1953 to 17 December 1958) as well as his prior active service of 2 years and 8 months (from 19 July 1950 to 18 March 1953) for a total of 8 years, 4 months, and 17 days of active service. 


4.  His DD Form 214 correctly captured his active service and there is no need to correct it.  However, a DD Form 214 for his first period of service is not available and it would do no harm to the Army or the Soldier to issue an appropriate document capturing the period of active service from 19 July 1950 to 18 March 1953, as a matter of clarity.  

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 him an appropriate statement of service capturing his period of active service from 19 July 1950 to 18 March 1953.  

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 date of entry shown on his DD Form 214. 



      ____________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)                                         AR20140014871



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ABCMR Record of Proceedings (cont)                                         AR20140014871



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