BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010727 


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 his total net service.

2.  He states the New York City Employee Retirement Service (NYCERS) will grant him military service credit for retirement pension purposes only upon correction of his service computation error.

3.  He provides his DD Form 214 and correspondence from the NYCERS.

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.  His DD Form 214 shows he was inducted into the Army of the United States on 8 May 1953.  He was assigned to the Quartermaster Corps and was promoted to the rank of private first class/pay grade E-3.

3.  His DD Form 214 shows he was honorably discharged from active duty on 11 February 1955.  This form shows:

	a.  1 year, 8 months, and 3 days in item 22 (Net Service Completed for Pay Purposes This Period);

	b.  1 year, 8 months, and 3 days in item 24 (Total Net Service Completed for Pay Purposes); and

	c.  no time lost to be made good.

4.  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.  It states 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:

The applicant had no lost time to be made good.  Based on his date of entry on active duty of 8 May 1953 and date of discharge of 11 February 1955, the applicant completed 1 year, 9 months, and 4 days of net active service for pay purposes.  Therefore, he is entitled to correction of his DD Form 214 by amending item 22 to read "1  9  4" and item 24 to read "1  9  4."

BOARD VOTE:

____x_  _____x___  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 to read "1  9  4" in item 22 and "1  9  4" in item 24.



      ___________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)                                         AR20120010727



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ABCMR Record of Proceedings (cont)                                         AR20120010727



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