IN THE CASE OF: BOARD DATE: 6 June 2013 DOCKET NUMBER: AR20120020674 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 that his separation program number (SPN) of 741 be changed. 2. The applicant states he believes the error was made because of his IQ at the time of his discharge. 3. The applicant provides: * Redeployment Orders 10-S-6, dated 4 October 1957, issued by the Seventh U.S. Army * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * two Honorable Discharge certificates * Certificate of Military Service, dated 23 May 2011 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 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 the applicant’s 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 enlisted in the Regular Army on 22 October 1954. He was honorably discharged on 24 October 1956 for immediate reenlistment on 25 October 1956. This form also shows at the time of his discharge, the applicant held military occupational specialty (MOS)  640.00 (Light Vehicle Driver) and he was assigned to Headquarters Battery, 73rd Anti-Aircraft Artillery (AAA) Battalion. 4. On 4 October 1957, U.S. Headquarters, Seventh United States published Redeployment Orders Number 10-S-6, directing the discharge of the applicant (and several other Soldiers) in accordance with paragraph 2 of Army Regulation 635-205 (Personnel Separations – Discharge – Release for the Convenience of the Government) with SPN code "741," and in accordance with Department of the Army (DA) Circular 635-2, dated 19 August 1957. 5. The applicant’s DD Form 214 shows he was honorably discharged in the rank/grade of private first class (PFC)/E-3 on 15 November 1957 under the provisions of paragraph 2 of Army Regulation 635-205 with SPN 741 and under the provisions of DA Circular 635-2, dated 19 August 1957. He completed 3 years and 23 days of creditable military service during this period of service, of which 2 years, 4 months, and 10 days was foreign service. 6. Army Regulation 635-205, in effect at the time, set forth the basic authority for the separation of enlisted personnel for the convenience of the government. Paragraph 2 of this regulation provided that the separation of enlisted personnel for the convenience of the Government and the type of discharge were the prerogative of the Secretary of the Army and would be effected only by his authority. Paragraph 2 also listed the various categories for each type of discharge or release from active military service and the appropriate SPN code. SPN codes, in effect at the time, were issued to all discharging military personnel. These codes are placed on the DD Form 214 and provide a summary and characterization of the veteran's military service. These codes are intended solely for use by military recruiters for enlistment/reenlistment review and the Department of Defense for statistical analysis. This regulation does not mention an SPN of 741. 7. Army Regulation 635-5 (Personnel Separations -- Administrative Separation Procedures and Forms), Appendix I, listed all SPNs used at the time. An SPN of 741 was not listed. 8. Attempts by the Board staff to obtain a copy of DA Circular 635-2, dated 19 August 1957, were unsuccessful. DISCUSSION AND CONCLUSIONS: 1. The applicant's request that his SPN be changed was carefully considered and it was determined there is insufficient evidence to support his request. 2. The SPN reflected on the applicant's DD Form 214 appears to be incorrect as it is not listed in Army Regulation 635-5, in effect at the time. However, in the absence of the complete facts and circumstances surrounding the applicant's discharge from this period of service and DA Circular 635-2, the appropriate SPN code cannot be determined. 3. Therefore, there is insufficient evidence to correct his DD Form 214 with the appropriate SPN code. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20120020674 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120020674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1