IN THE CASE OF: BOARD DATE: 19 August 2010 DOCKET NUMBER: AR20100008873 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 records to show credit for serving on Midway Island as a volunteer from 7 December 1941 through (the ending period is not clear). 2. The applicant states his service credit for Midway Island was left off of his military records. 3. The applicant provides the following documents: * a Standard Form (SF) 180 (Request Pertaining to Military Records) * a "Contract of Employment" letter, dated 24 September 1941 * a transmittal letter for pay, dated 2 March 1942 * an AGO Form 01071 (Certificate of Service) * an AGO Form 01254 (Transcript of Military Record) * an AGO Form 100 (Separation Qualification Record) * an AGO Form 55 (Honorable Discharge Certificate) * A copy of a certificate of training, Infantry Replacement Training Center, Camp Roberts, California * a WD AGO Form 0650C (Appointment to First Lieutenant, Infantry) certificate * an Honorable Discharge Certificate 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 reconstructed record which contains copies of partially burned segments was provided by the National Personnel Records Center (NPRC). A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It appears that the applicant’s records were destroyed in that fire. However, this case is being considered using the reconstructed records, which primarily consist of a copy of a National Archives (NA) Form 13038 (Certification of Military Service) and the documents the applicant provided in support of his request. 3. The applicant provides a copy of an Honorable Discharge Certificate. This certificate which was signed by a colonel in the 38th Infantry indicates the applicant was discharged from the Army on 15 December 1938. There is no date of entry listed on this form. 4. The applicant provides a copy of a contract of employment to perform work as a roofer on the Pacific Islands/Midway Island. He was hired as a salaried employee by the Hawaiian Dredging Company, LTD. He earned $185.00 per month commencing on 24 September 1941. The applicant agreed to the terms and conditions of the contract by placing his signature on the document. 5. A copy of an AGO Form 01254 shows he served as an Infantry Unit Commander in France during the period 28 November 1945 through 21 August 1946. This form does not show any other foreign service. 6. The applicant also provides an copy a SF 180 in which he requested the NPRC locate his service records for the following periods: * 10 November 1936 through 15 December 1938 * 30 June 1944 through 13 June 1947 * 7 December 1941 through (ending period not clear) 7. An NA Form 13038 shows he was an enlisted member of the Army of the United States (AUS) during the period 30 June 1944 through 1 April 1945 and an officer of the AUS during the period 2 April 1945 through 13 June 1947. His official records are void of any other dates of military service. 8. The Department of Defense Pay Manual (DODPM), paragraph 10101. (Service Creditable) provides, in pertinent part, a listing of organizations and military statuses which are creditable for service. Work as a volunteer contractor is not creditable service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his records should be corrected to show service credit for his Midway Island service was carefully considered; however, the evidence does not support this contention. 2. The available evidence shows the only service the applicant performed on the Pacific Islands/Midway Island was during the period 7 December 1941 through 29 June 1944. It appears the applicant volunteered to work with a civilian contractor. He had no military affiliation during this period. In accordance with the DODPM work, as a volunteer contractor is not creditable service. As such, there is no evidence that an error exists in his records. Therefore, 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) AR20100008873 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)