IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004883 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) to show his induction date as 5 December 1951 instead of 5 December 1931 * Honorable Discharge Certificate to show a different date than December 1959 2. The applicant states, in effect, he believes the above documents contain typographical errors. 3. The applicant provides his DD Form 214 and Honorable Discharge Certificate. 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 to the Board 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was born on 25 March 1931. He was inducted into the Army of the United States on 5 December 1951 and entered active duty in Phoenix, AZ on 6 December 1951. 4. He was honorably released from active duty on 2 December 1953 and he was transferred to the U.S. Army Reserve (USAR) to complete the remainder of his 8-year service obligation, as shown in item 38 (Remarks). 5. His DD Form 214 shows he completed 1 year, 11 months, and 27 days of active service. Item 15 (Date Inducted) shows the entry "5 DEC 31" (his correct date of entry was 5 December 1951) and item 19 (Date and Place of Entry Into Active Duty) shows the entry 6 DEC 51" (6 December 1951). 6. He was ultimately discharged from the USAR on 5 December 1959 upon completion of his entire military service obligation and he was issued an Honorable Discharge Certificate. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The DD Form 256A (Honorable Discharge Certificate) is issued to those members who are honorably discharged upon completion of their military service obligation. DISCUSSION AND CONCLUSIONS: 1. The applicant was inducted into the Army on 5 December 1951. His DD Form 214 inadvertently listed his year of induction as 1931 instead of 1951. 2. Although he was released from active duty on 2 December 1953, he completed his 8-year military service obligation on 5 December 1959 (8 years from the date of induction). That is why the date of discharge from the USAR is listed as 5 December 1959 on his Honorable Discharge Certificate. (This is not an error.) BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 from item 15 of his DD Form 214 the entry "5 DEC 31" and adding the entry "5 DEC 51." __________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) AR20150004883 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004883 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1