BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110011999 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was released from active duty (REFRAD) in 1958 and not 1953, as reflected on his DD Form 214.

2.  The applicant states that he is sure it was an administrative error or the typewriter ribbon was worn out and did not print the full number “8”; however, he served from 1956 to 1958.

3.  The applicant provides a copy of 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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 26 July 1956.  He completed his training as a clerk-typist at Fort Knox, Kentucky and was transferred to France where he served until he was returned to Fort Hamilton, New York for REFRAD as an overseas returnee after having served 1 year, 11 months and 14 days, which would have made his REFRAD date 9 July 1958.  However, his DD Form 214 reflects that he was REFRAD on 9 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 contains an incorrect date in block 11d has been noted and found to have merit.  The applicant was inducted on 26 July 1956 and he served 1 year, 11 months and 14 days of active service, which would have made his REFRAD 9 July 1958.

2.  Accordingly, his DD Form 214 should be corrected to show that he was REFRAD on 9 July 1958 instead of 9 July 1953.

BOARD VOTE:

___x___  ___x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the entry “9 July 1953” in block 11d. of his DD Form 214
* Adding the entry “9 July 1958” in block 11d. of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Cold War are deeply appreciated. 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.



ABCMR Record of Proceedings (cont)                                         AR20110011999





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ABCMR Record of Proceedings (cont)                                         AR20110011999



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