BOARD DATE: 22 January 2013 DOCKET NUMBER: AR20120010725 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 item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Company A vice Company H, 293rd Engineer Battalion. 2. The applicant states he was the company clerk and he was assigned to Company A, 293rd Engineer Battalion. To his knowledge, no Company H existed in his battalion. 3. The applicant provides 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 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 21 July 1953 and he entered active service on that date at St. Louis, MO. He held military occupational specialty 1816 (Personnel Administrative Supervisor). 4. Item 28 of his DD Form 214 shows his most significant duty assignment (i.e., his last duty assignment) was with Company H, 293rd Engineer Battalion, Germany. 5. He was honorably released from active duty on 4 June 1955 in the rank/grade of corporal/E-4 and he was transferred to the U.S. Army Reserve. He completed 1 year, 10 months, and 14 days of net active service of which 1 year, 4 months, and 14 days was foreign service. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated, in item 28 enter the last duty assignment the Soldier was assigned to during the period covered by the DD Form 214. All entries on the DD Form 214 were required to be verified against source documents for completeness and accuracy. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 shows his most significant duty assignment as Company H, 293rd Engineer Battalion. At the time of completion, all entries on the DD Form 214 were required to be verified against source documents. His record is void of any evidence and he did not provide any evidence that shows he was assigned to Company A and not Company H, 293rd Engineer Battalion. 2. Notwithstanding the applicant's sincerity, in the absence of documentation that shows he was assigned to Company A, 293rd Engineer Battalion, there is an insufficient evidentiary basis for granting 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) AR20120010725 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1