IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020300
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).
2. The applicant states item 6 is incorrect on his DD Form 214.
3. The applicant provides his DD Form 214 and Certificate of Service - Armed Forces 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 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. This case is being considered using the documents provided by the applicant.
3. His DD Form 214 shows in:
a. item 6, he was separated on 23 May 1953.
b. item 15 (Inducted), he was inducted into the Army of the United States (AUS) on 24 June 1953.
c. item 19 (Date and Place of Entry Into Active Service), 24 June 1953 (Bangor ME).
d. item 22 (Net Service Completed For Pay Purposes This Period), he completed 1 year and 11 months net service this period.
4. He provided a Certificate of Service - Armed Forces of the United States showing he served on active duty from 24 June 1953 to 23 May 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 6 is incorrect on his DD Form 214 is acknowledged and determined to have merit.
2. The evidence of record shows he was inducted into the AUS on 24 June 1953.
3. His Certificate of Service confirms he served on active duty from 24 June 1953 to 23 May 1955. Therefore, it would be appropriate to amend his DD Form 214 to show his effective date of separation as 23 May 1955.
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 amending item 6 of his DD Form 214 to show his effective date of separation as 23 May 1955.
_____________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) AR20140020300
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ABCMR Record of Proceedings (cont) AR20140020300
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