IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090007002 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 December 1955 be corrected to show his dates of service as 1 March 1953 to 1 December 1955.

2.  The applicant states, in effect, that item 19 (Date and Place of Entry into Active Service) which shows 3 March 1953 and item 6 (Effective Date of Separation) which shows 12 December 1955 are incorrect.

3.  The applicant provides a copy of his DD Form 214 in support of this 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.  Item 19 of his DD Form 214 shows that he enlisted in the Regular Army (RA) on 3 March 1953.  

3.  Item 10 (Enlisted or Inducted) of the applicant's DA Form 20 shows that he enlisted in the RA on 3 March 1953.  

4.  The applicant's records contain a Oath and Certificate of Enlistment which shows that the applicant initially enlisted in the RA on 3 March 1953, for 3 years.

5.  Item 33 (Record of Assignments) of the DA Form 20 shows that he was released from active duty and transferred to the United States Army Reserve on 12 December 1955.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant enlisted in the Regular Army on 3 March 1953, and served until he was discharged on 12 December 1955.  There is no evidence nor did the applicant submit any evidence that shows he enlisted on 1 March 1953.  There is no evidence nor did he submit any evidence that shows he was discharged on 1 December 1955.  Therefore, this is no correction required to items 6 and 19 of his DD Form 214 dated 12 December 1955.

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)                                         AR20090007002



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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