AR20150009405

BOARD DATE: 28 June 2016

DOCKET NUMBER: AR20150009405

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

__x______ ____x____ ___x__ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 28 June 2016

DOCKET NUMBER: AR20150009405

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: 28 June 2016

DOCKET NUMBER: AR20150009405

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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16November 1958 to show an entry date of 8 December 1955 instead of 17November 1956.

2. He also requests correction of his DD Form 214 to show the Army Good Conduct Medal.

3. The applicant states his DD Form 214 shows the correct years of service (2years, 11 months, and 9 days) but an incorrect entry date. He was drafted on 8 December 1955. Following completion of training and an assignment in New Mexico, he received a direct commission on or about 16 November 1958. He was transferred to Aberdeen Proving Grounds. He believes item 16 (Date of Induction) should read 8December 1955. He also received the Good Conduct Medal as an enlisted person.

4. The applicant provides a copy of his military identification card.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 was inducted into the Army of the United States on 8 December 1955.

3. General Orders Number 85, issued by Headquarters, White Sands Proving Ground, NM, on 15 November 1956, awarded him the Army Good Conduct Medal.

4. He was honorably discharged on 16 November 1956 to accept appointment as a Reserve commissioned officer. His DD Form 214 for this period of service shows:

* an entry date of 8 December 1955 and a separation date of 16 November 1956
* completion of 11 months and 9 days of enlisted active service
* the Army Good Conduct Medal

5. He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty on 17 November 1956. He was promoted to first lieutenant on 16 November 1958.

6. He was honorably released from active duty on 16 November 1958. His DDForm 214 for this period of service shows:

* an entry date of 17 November 1956 and a separation date of 16November 1956
* completion of 2 years of active service and 11 months and 9days of prior service

REFERENCES:

Army Regulation 635-5 (Separation Documents) at the time prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Soldiers discharged to accept a commission or appointment as a warrant officer were issued separate DD Forms 214 for their enlisted and commissioned service. This practice continues today.

DISCUSSION:

1. The applicant completed two periods of active duty, the first as an enlisted Soldier and the second as a commissioned officer.

2. He initially served as an enlisted Soldier from 8 December 1955 to 16November 1956. He completed 11 months and 9 days of active service. He was issued a DD Form 214 that captured his enlisted service as well as his Army Good Conduct Medal.

3. He then served as a commissioned officer from 17 November 1956 to 16November 1958. He was issued a separate DD Form 214 that captured his 2years of commissioned active service as well as his 11 months and 9 days of prior enlisted service.

4. The Army issues separate DD Forms 214 to distinguish enlisted, warrant officer, and commissioned officer service.

5. Each of the applicants DD Forms 214 correctly shows his entry and separation date.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009405

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009405

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2