IN THE CASE OF: BOARD DATE: 07 MAY 2009 DOCKET NUMBER: AR20090002170 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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he completed the Medical Field Service School in 1950 instead of 1951. 2. The applicant states that he was on active duty in Japan in May 1951. 3. The applicant provides a copy of his DD Form 214, dated 29 May 1952, in support of his application. 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. With prior service in the California Army National Guard (CAARNG), the applicant’s DD Form 214 shows he was called from inactive duty and entered active service as a sergeant (SGT) in Los Angeles, CA, on 1 September 1950. This form also shows that at the time of separation, he held military occupational specialty (MOS) 1666 (Medical Aidman) and that his most significant assignment was with the Medical Company, 160th Infantry Regiment. 4. The applicant's DD Form 214 also shows he was honorably released from active duty to the control of his CAARNG unit on 29 May 1952. He completed 1 year, 8 months, and 29 days of active service during this period and 1 year, 1 month, and 26 days was foreign-service. 5. Item 30 (Service Schools or College Training Courses and/or Post Graduate Courses Successfully Completed) of his DD Form 214 shows he attended and completed the Medical Technician Course at the Medical School, Fort Sam Houston, TX, from February 1951 to April 1951. 6. Item 38 (Remarks) of his DD 214 shows he served in Korea from 11 January to 5 May 1952. 7. Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show he completed the Medical Field Service School in 1950 instead of 1951. 2. The applicant’s noble desire to organize his documents is noted. Furthermore, the applicant’s Japan/Korea and overall service is also noted. However, there is no evidence in the applicant’s reconstructed record and the applicant did not provide any evidence that shows he completed the medical course in 1950 instead of 1951. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the date the applicant completed the medical course. 4. A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the different dates, and adequately document the year he completed the medical course in his record. 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. _______ _ 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) AR20090002170 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002170 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1