IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015046
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 active service credit for the 3 days he spent taking a physical exam in December 1952.
2. The applicant states:
* he spent three days in the Fort Hamilton Army Hospital for an extended physical exam under military control
* he was told that he was subject to all Army regulations while he was there
* this information was in his official military personnel file but was not transferred or shown on his DD form 214
* inflation, rising health costs, and diminished income and health has caused him to use all available veterans benefits
* the uncovered time in 1952 does not allow him to claim benefits as a Korean Era service veteran
3. The applicant provides:
* a letter from the National Personnel Records Center
* NA Form 13038 (Certification of Military Service)
* a letter from the Veterans Administration
* his selective service registration card
* SSS [Selective Service System] Form 102 (Classification 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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, his DD Form 214 contains sufficient information to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he was inducted into the Army of the United States on 8 July 1955. He served in military occupational specialty 711.10 (Clerk Typist).
4. His DD Form 214 shows he was honorably released from active duty on 29 May 1957 and transferred to the U.S. Army Reserve. He completed 1 year, 10 months, and 22 days of total active service.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty and is issued to Soldiers who serve in the Regular Army and Reserve Components for a period of 90 days or more of active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be credited with three days of active service time for the time he spent undergoing a physical exam in 1952.
2. The evidence shows he was not inducted into the Army of the United States until 8 July 1955 and then served for more than 90 days of active service. Upon his release from active duty in 1957, he was issued a DD Form 214. His time spent meeting requirements in the Selective Service System prior to entering active duty is not recorded on his DD Form 214 as per regulatory guidance.
3. In view of the foregoing, he is not entitled to the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20140015046
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ABCMR Record of Proceedings (cont) AR20140015046
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