RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070010495 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his service number be corrected on his discharge certificate and that the date of his discharge be corrected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he has no idea how his service number and the date were recorded incorrectly.

3.  In support of his application, the applicant provided a copy of his DD Form 256A, Honorable Discharge certificate; and a copy of his DD Form 2A, Army Identification Card.

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 evidence shows the applicant enlisted in the Regular Army for 3 years on 17 September 1962.  After completion of required training, he was awarded the primary military occupational specialty 11B, Light Weapons Infantryman.  At the time of his enlistment, the applicant had a projected expiration term of service date of 16 September 1965.

3.  On 25 August 1965, Special Orders Number 237, paragraph 266, was published by Headquarters, US Army Personnel Center, Oakland, California, releasing the applicant from active duty.  The effective date of his release from active duty shown on these orders is 24 August 1965.

4.  The applicant was honorably released from active duty on 25 August 1965 in the rank and pay grade, Private First Class, E-3, under the provisions of Army 

Regulation 635-205, early separation of overseas returnee.  On the date of the applicant's release from active duty, he had completed 2 years, 11 months, and 9 days active military service, with no time lost.  The DD Form 214 he was issued shows he was released from active duty and transferred to the US Army Reserve (USAR) Control Group (Reinforcement), with a terminal date or Reserve obligation date of 16 September 1968.

5.  Section 2 (Chronological Record of Military Service), of the applicant's DA Form 24, Service Record, shows he was enroute to the Continental United States (CONUS) on 23 August 1965.  He arrived at and was present at the US Army Personnel Center, Oakland, on 25 August 1965.

6.  The applicant signed a DA Form 664, Serviceman's Statement Concerning Application for Compensation from the Veterans Administration, on 25 August 1965.  On this date, the applicant was still in the process of being processed for his release from active duty.

7.  Item 2 (Service Number), of the applicant's DD Form 4, Enlistment Record – Armed Forces of the United States, shows his service number as, RA 16 *** 948. 

8.  Item 2 (Service Number), of the applicant's DD Form 214, shows his service number as, RA 16 *** 948.  The applicant's DD Form 256A shows his service number as, ER 16 *** 948.

9.  Item 9 (For Service In), of the applicant's DD Form 4, shows he enlisted in the Regular Army.

10.  Item 4 (Department, Component and Branch or Class), of the applicant's DD Form 214, shows he was released from the Regular Army.

11.  The applicant's DA Form 24 shows his service number as, RA 16 *** 948.  The applicant's DA Form 20, Enlisted Qualification Record shows his service number recorded as, RA 16 *** 948.

12.  The applicant was discharged from the USAR on 31 August 1968.  The DD Form 256A he was issued on his discharge date shows the service number, ER 16 *** 948 and his component as, USAR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence show the applicant enlisted in the Regular Army.  After successfully completing his active duty service obligation, he was transferred to the USAR to complete his military service obligation [under the Universal Military Training and Service Act].

2.  On 25 August 1965, Special Orders Number 237, paragraph 266, was published by Headquarters, US Army Personnel Center, Oakland, releasing the applicant from active duty.  The effective date of his release from active duty shown on these orders is 24 August 1965.

3.  The applicant signed a DA Form 664, on 25 August 1965.  On this date, the applicant was still in the process of being processed for his release from active duty.  It is believed, based on the evidence, the date shown on Special Orders Number 237 is a reflection of a typographical error and the correct date is 25 August 1965.  It is further believed the date shown on the applicant's DD Form 214 is correct and not in need of correction.

4.  The applicant was discharged from the Reserve on 31 August 1968.  The DD Form 256A he was issued has an incorrect prefix applied to his service number.  The number is recorded as ER 16 *** 948 whereas it should be correctly shown as, RA 16 *** 948. 

5.  The component shown on the applicant's DD Form 256A is USAR.  The component on the DD Form 256A should be corrected to read, "Regular Army."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x  ___x _  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  issuing the applicant a corrected DD Form 256A showing the correct component (RA 16 *** 948) in conjunction with his service number; and 

	b.  the component shown in the standard name line of the applicant's DD Form 256A be corrected to read, "Regular Army," as opposed to the currently shown, "USAR."

2.  The Board further determined that 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 correction of the date of his release from active duty on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.




______x______
          CHAIRPERSON



INDEX

CASE ID
AR20070010495
SUFFIX

RECON

DATE BOARDED
20071206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.