IN THE CASE OF: BOARD DATE: 13 December 2011 DOCKET NUMBER: AR20110012260 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active duty on 6 March 1952. 2. The applicant states that he entered the service prior to 1955 and he believes his DD Form 214 should reflect his exact entry date. 3. The applicant provides a DD Form 47 (Record of Induction). 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 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 are sufficient documents in a reconstructed record for the Board to make a fair and impartial determination. 3. A DD Form 47 , dated 6 March 1952, indicates he was inducted into the Army of the United States (AUS) on 6 March 1952; however, this form also indicates that he was accepted but not inducted into the armed forces on the same date. 4. A second DD Form 47, dated 7 September 1955, indicates he was inducted into the AUS on 7 September 1955. This form also indicates he was accepted but he was not inducted on 6 March 1952 and that he did not have prior active military service as of his induction date. 5. Item 10 (Enlisted or Inducted) of his DA Form 20 (Enlisted Qualification Record) shows he entered the Army on 7 September 1955. His DA Form 20 does not show service prior to 7 September 1955. 6. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) does not show service prior to 7 September 1955. Section 10 (Remarks) indicates he had a total of 8 months and 5 days of creditable service for pay at the time of induction. It also indicates the service was verified by National Guard Bureau (NGB) records on 12 September 1955. 7. His DD Form 214 shows he was inducted on 7 September 1955 and that he was honorably released from active duty on 21 August 1957 after completing 1 year, 11 months, and 14 days of active service. Item 24a(2) (Other Service) shows 8 months and 5 days. 8. Army Regulation 635-5 (Separations 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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's contention that his DD Form 214 should be corrected to show he entered the service on 6 March 1952 has been carefully reviewed. 2. A DD Form 47 shows he was inducted into the AUS on 7 September 1955 and that he did not have prior active military service prior to his induction date. This form also shows he was accepted but not inducted on 6 March 1952. His DA Forms 20 and 24 do not reflect active service prior to 7 September 1955. 3. Although his DD Form 24 shows he had 8 months and 5 days of creditable service for pay prior to his 7 September 1955 induction, it appears this service was performed as a member of the Army National Guard and not active duty service. 4. There is no evidence in the available records showing he entered active duty prior to 7 September 1955. Therefore, his DD Form 214 appears to be correct as currently constituted. 5. Based on the foregoing, there is no basis to grant the requested relief. 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) AR20110012260 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012260 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1