IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005085 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x____ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160005085 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 show the effective date of separation as 6 January 1956. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show a different place of birth. ______________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: 31 October 2017 DOCKET NUMBER: AR20160005085 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 the effective date of separation as 6 January 1956 versus 6 January 1954, and to show his place of birth (POB) as Richmond, TX. 2. The applicant does not provide a reason or an argument with his request. 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 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 his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214 and his separation orders, which are part of his available records. 3. The applicant's DD Form 214 shows he was inducted into the Army on 7 January 1954. His DD Form 214 shows his POB as Richard, TX. 4. Special Orders Number 250, issued by Headquarters, Presidio of San Francisco on 23 December 1955, directed the applicant's release from active duty effective 6 January 1956. These orders do not show the applicant's POB. 5. The applicant's DD Form 214 shows he was released from active duty on 6 January 1954, following his completion of 2 years of active service. 6. Based on the unavailability of the applicant's records, specifically, a statement of personal history, record of induction, DA Form 24 (Service Record), and/or his birth certificate, the POB he listed during his induction processing cannot be verified. REFERENCES: 1. Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect during the applicant's active duty service, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The regulation provided that in item 6 (Effective Date of Separation) of the DD Form 214, the date the separation was accomplished would be entered. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence shows the applicant entered the service on 7 January 1954 and that he served 2 years of active military service. However, his DD Form 214 shows his effective date of separation as 6 January 1954. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his effective date of separation being recorded incorrectly. 2. In reference to the POB shown on the applicant's DD Form 214; based on the unavailability of his military records, the POB he listed during his induction processing cannot be verified. In addition, he failed to provide his birth certificate for confirmation of his correct POB. The available evidence does not indicate that an error occurred when his POB was recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005085 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005085 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2