BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011011 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011011 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011011 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, the son, of a deceased former service member (FSM) requests correction of item 6 of the FSM’s Enlisted Record by removing “None” and adding 19 December 1942 through 30 December 1943. 2. The applicant states his father was inducted into the Army on 19 December 1942 in Louisville, KY and served in an active duty status until he was honorably discharged on 30 December 1943. 3. The applicant provides in support of his request a copy of his Certificate of Live Birth from the Commonwealth of Kentucky showing his father is the deceased FSM. 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 FSM’s Enlisted Record shows he was inducted into the Army of the United States on 19 December 1942 in Louisville, KY and he completed 1 year and 11 days of service for longevity pay. It also shows in: a. Item 2 (Prior service) “None.” b. Item 3 (Military Qualification) “None.” The FSM’s Army specialty was rifleman. Attendance at noncommissioned officer or special service school is marked “None.” Battles, engagements, skirmishes, and expeditions, and wounds received in service are also marked “None.” c. Item 5 (Honorably discharged by reason of) “CDD [Certificate of Disability Discharge] & 2nd Ind. Hq. Fort Benning, Georgia, dated 23 December [1943].” His character is listed as excellent. d. Item 6 (Period of active duty) “None.” e. Item 7 (Remarks) “No time lost under AW 107.” 3. On 30 December 1943, at Fort Benning, GA, the FSM applied his thumb print to the Enlisted Record and signed this document indicating the administrative information was correct. 4. Instructions for completing the Enlisted Record are listed at the bottom of the form. The instructions for completing item 6 states “enter periods of active duty of enlisted men of the Regular Army Reserve and the Enlisted Reserve Corps and dates of induction into Federal Service in the cases of members of the National Guard. 5. The FSM’s WD AGO Form 55 (Army of the United States-Honorable Discharge) certificate shows the FSM was honorably discharged from the Army of the United States, at Fort Benning, GA, on 30 December 1943. REFERENCES: Army Regulation 15-185, paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the entry “None” in item 6 of the FSM’s Enlisted Record should be removed and 19 December 1942 through 30 December 1943 should be added. 2. The FSM completed one period of active service in the Army of the United States from 19 December 1942 through 30 December 1943. Item 6 of his Enlisted Record contains the entry "None." 3. The instructions for completing item 6 of the Enlisted Record states enter periods of active duty of enlisted men of the Regular Army Reserve and the Enlisted Reserve Corps and dates of induction into Federal Service in the cases of members of the National Guard. a. Entries in item 6 only applies to personnel who served in the Regular Army Reserve, Enlisted Reserve Corps, or the National Guard. b. This item does not apply to the FSM because he served in the Army of the United States. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2