IN THE CASE OF: BOARD DATE: 4 November 2014 DOCKET NUMBER: AR20140003791 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 12 (Last Unit of Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to the 2nd instead of the 29th Evacuation Hospital. 2. The applicant states he was with the 2nd Evacuation Hospital, not the 29th. The Army made a mistake. He was released from the Army and went home. He had no reason to question this form. 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 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 his 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's DD Form 214 shows he enlisted in the Regular Army on 17 February 1956. At the time of his separation, he held military occupational specialty 520.00 (Utility Worker). 4. His available records contain a DD Form 118 (Military Pay Record) that shows in item 28 (Organizations and Station) the entry "2nd Evacuation Hospital, Army Postal Office (APO) 252, New York (NY), reported 26 September 1956" and that his pay record was "closed by the disbursing officer, Headquarters, 2nd Armored Division, APO NY. 5. He was honorably released from active duty on 28 October 1957. Item 12 of his DD Form 214 shows the entry "29 Evac Hosp APO NY 252," indicating he was last assigned to the 29th Evacuation Hospital, APO NY 252. DISCUSSION AND CONCLUSIONS: The applicant's last duty assignment was with the 2nd Evacuation Hospital, APO NY 252. It appears his DD Form 214 inadvertently listed the unit as the 29th Evacuation Hospital, APO NY 252. Therefore, he is entitled to correction of his DD Form 214 to show the requested unit. 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 deleting the current entry from item 12 of his DD Form 214 and adding the entry "2nd Evacuation Hospital, APO NY 252." _______ _ __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) AR20140003791 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1