IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012789 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012789 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 for the period ending 1 December 1951 as follows: a. Delete the entry in item 38 stating, "Retained in sv 4 mos 4 days beyond normal expiration term of service for the convience [sic, convenience] of the Government." b. Replace the above statement in item 38 with, "Retained in service 1 year, 4 months, and 4 days beyond normal expiration term of service for the convenience of the Government." _____________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. IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012789 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 (Report of Separation from the Armed Forces of the United States) for the period ending 1 December 1951 so that it shows he served 1 year, 4 months, and 4 days beyond his enlistment contract. He also requests any back pay that may be due because of this correction. 2. The applicant states, in effect: * he was in the Army from 28 July 1947 to 1 December 1951 * in July 1950 he was extended 1 year because the Korean War broke out * he was extended for an additional year in July 1951, but after serving 4 months and 4 days, he was sent to Fort Sheridan, IL * he questioned a Technical Sergeant at Camp Custer, MI about the time he had served, and the Technical Sergeant said he would get back with him; he was discharged 2 days later * his DD Form 214 says he was retained in service 4 months and 4 days beyond normal expiration term of service for the convenience of the government * he had enlisted for only 3 years; he requests to know if this additional time in service entitles him to additional pay at the pay rate of $11 per day 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 complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. The Army personnel records affected dated from between November 1912 to January 1960. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant has provided a DD Form 214 that provides a basis to address the applicant's request. 3. According to the DD Form 214 provided by the applicant, he enlisted in the Regular Army for a 3-year term on 28 July 1947. 4. He was honorably discharged on 1 December 1951. His DD Form 214 shows he completed 4 years, 4 months, and 4 days of net active creditable service. Item 17 (Means of Entry Other than Induction) states he enlisted for 3 years. Item 38 (Remarks) shows he was retained in service 4 months and 4 days beyond normal expiration of service for the convenience of the government. REFERENCES: 1. Special Regulation 615-360-1 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms) prescribed policies and procedures for the completion of the DD Form 214. Item 38 was to be used to show additional information from other items on the form as well as any other items requiring clarification. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Based on entries found on his DD Form 214, he appears to have enlisted for 3 years, but served 1 year, 4 months, and 4 days beyond his normal expiration of term of service. While the additional time is reflected in the block showing net active service completed, this information is not correctly shown in the remarks section. It would be appropriate correct the entry to show the actual time he served on active duty. 2. With regard to any pay adjustment due based on an ABCMR decision, such action is beyond the purview of the Board. Should the Board find a correction is appropriate, the applicant should contact the Defense Finance and Accounting Service at their Claims customer service telephone number of 1-866-912-6488. Additional information is available online at the following address: http://www.dfas.mil/debtandclaims/submitclaim.html //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012789 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012789 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2