BOARD DATE: 10 September 2017 DOCKET NUMBER: AR20160002322 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002322 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ____________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. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002322 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 he served under both United States (U.S.) and allied commands with the American Field Service during the period 28 March 1945 to 22 November 1945. 2. The applicant states it is his understanding that only the time he spent in the Italian theater of operations, which was led by a U.S. commander, is counted on his separation document, even though he also served with British forces. He states, if the time he served under both U.S. and allied commands in Italy and Austria were counted, he would satisfy the Department of Veterans Affairs (VA) 90-day active service requirement for veterans' benefits (e.g., home loan, GI Bill, etc.). He adds that his service in Austria and then in India prior to demobilization on 22 November 1945 would also satisfy the VA active service requirement. 3. The applicant provides a copy of an American Field Service letter. 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 service record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the documents provided by NPRC and the applicant are sufficient for the Board to conduct a fair and impartial review of this case. The documents include: a. American Field Service World War II, Certification of Overseas Duty and Honorable Discharge, Certificate Number 180, issued by the American Field Service (AFS) Archives, New York, NY, on 30 July 1991. It shows the applicant had active service recognized in the Department of Defense (Approval of AFS Public Law (PL) 95-202 Application) and that he served with the 15th Army Group from 28 March 1945 to 8 May 1945. b. U.S. Army Reserve Personnel Center, Veteran Inquiry Section, St. Louis, MO, letter, dated 4 November 1991, that shows the applicant's application for discharge under the provisions of PL 95-202 was approved for participation in the American Field Group. (1) It also shows a DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DD Form 256A (Honorable Discharge Certificate) were issued to the applicant. (2) He was advised to submit any request for correction(s) to the documents to the issuing office. He was also advised that any benefits to which he may be entitled based on his service would be administered by the VA. c. A DD Form 214 that shows the applicant entered active duty this period on 28 March 1945 and he was honorably discharged on 8 May 1945 under the provisions of PL 95-202, section 401. He had completed 1 month and 11 days of net active service this period. It also shows in item 18 (Remarks): * Unit: 15th Army Group (28 March 1945 – 8 May 1945) * "This document, issued under the provisions of PL 95-202 (Title 38, U.S. Code, 106 Note), administratively establishes active duty for the purposes of Veterans Administration benefits" 3. In support of his application the applicant provides a letter from the Director General, American Field Service, dated 22 November 1945. The director certified that the applicant served with the American Field Service and: * was sent overseas as a volunteer ambulance driver in March 1945 * took part in the Italy campaign and is entitled to one campaign star * was transferred to India in July 1945 for duty with Southeast Asia Command (SEAC) * returned to the United States in November 1945 * was released from the American Field Service in November 1945 4. In the processing of this case, an advisory opinion was obtained from the Chief, Human Resource Service Center, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 9 January 2017. a. The advisory official stated that the documents provided, including the applicant's DD Form 214, were reviewed and determined to be correct. He offered the following advisory opinion: "According to legal decisions that were established at the time, any American Field Service performed where the United States military was not present in the theater of war, will not be counted as creditable service for Veterans Administration benefits. Even though [the applicant] was sent to that theater of war [SEAC], it was not included on the American Field Service World War II Certification of Overseas Duty and Honorable Discharge, due to that reason." b. On 18 January 2017, the applicant was provided a copy of the HRC advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the American Field Service, prescribed the discharge procedures and separation documents that must be prepared on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends, in effect, that his service records should be corrected to show that he had creditable service from 28 March 1945 to 22 November 1945 based on his service under both U.S. and allied commands, even though the U.S. military was not present in the theater of war in which the applicant served subsequent to 8 May 1945. 2. The evidence of record shows that the applicant's creditable service with the 15th Army Group in the AFS was from 28 March 1945 to 8 May 1945. a. This active service was recognized by DoD based on approval of the applicant's AFS PL 95-202 application. b. The DD Form 214 he was issued correctly shows his honorable service with the 15th Army Group in the AFS from 28 March 1945 to 8 May 1945. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002322 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002322 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2