IN THE CASE OF: BOARD DATE: 25 SEPTEMBER 2008 DOCKET NUMBER: AR20080007304 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 that his total service and foreign service on his DD Form 214 dated 10 October 1958 be corrected. 2. The applicant states that his DD Form 214 incorrectly reflects his total service as 5 years, 8 months and 26 days and his foreign service as 1 year and 3 days, when in fact his total service was 5 years, 9 months and 26 days and his foreign service was 2 years and 11 months. 3. The applicant provides a copy of his Honorable Discharge Certificate dated 12 October 1955, a copy of his DD Form 214 dated 10 October 1958, a copy of a Certification of Military Service, and the front page of his Enlisted Qualification Record (DA Form 20). 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 this case. 3. The applicant was born on 13 December 1934 and enlisted in the Regular Army in St. Louis, Missouri for a period of 3 years. He was initially transferred to Fort Custer, Michigan and then to Camp Atterbury, Indiana, where he underwent his training with the 200th Infantry Regiment. 4. On 6 November 1953 he departed for assignment to Germany. After arriving in Germany, he was further transferred to the Fontenet Ordnance Depot in France. 5. On 13 October 1955, while still in Fontenet, France, he reenlisted for a period of 3 years in the rank of SP3. He was promoted to the rank of SP2 on 21 February 1956, which was subsequently converted to the rank of SP5. 6. He departed France on 6 October 1956 and was transferred to Fort Polk, Louisiana, where he remained until he was honorably released from active duty (REFRAD) on 10 October 1958, due to the expiration of his term of service (ETS). His DD Form 214 reflects in block 24a (3) and 24b. that he had served 5 years, 8 months and 26 days of active service. In block 24c. it reflects that he had served 1 year and 3 days of foreign service. 7. A review of the available records shows that he served a total of 5 years, 9 months and 26 days of total active service. He served overseas from 6 November 1953 until 6 October 1956, which is 2 years and 11 months of service. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his total service and foreign service are incorrectly reflected on his DD Form 214 has been noted and found to have merit. The applicant’s service was incorrectly computed to reflect 5 years, 8 months and 26 days of total active service. However, he actually served 5 years, 9 months and 26 days of total active service and that amount of service should be entered in block 24a.(3) and 24b. of his DD Form 214. 2. The applicant served overseas from 6 November 1953 until 6 October 1956, which is 2 years and 11 months of service. Accordingly, that amount of service should be entered in block 24c. BOARD VOTE: __XXX __ __XXX__ __XXX__ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 24a.(3) and 24b. of his DD Form 214 that he served 5 years, 9 months and 26 days of total active service and in block 24c. that he served 2 years and 11 months of foreign service. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. ___ XXX ___ 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) AR20080007304 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007304 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1