IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090003404
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 service number on his Honorable Discharge Certificate be changed from ER 51--- --- to US 51--- ---.
2. The applicant states, in effect, he was drafted and a draftee's service number started with a US prefix.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and an Honorable Discharge Certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 that the applicants records were lost or destroyed in that fire. However, the documents that the applicant provided were sufficient to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 lists his service number as US 51--- ---. It also shows he was inducted into the Army of the United States on 13 February 1951 and he served in an active duty status until he was honorably released
19 November 1952 and transferred to the United States Army Reserve (USAR) Artillery Branch. This service equals 1 year, 9 months, and 7 days. This DD Form 214 shows no prior military association.
4. The applicants Honorable Discharge Certificate shows the applicants Service Number as ER 51--- ---, that he was inducted on 13 February 1951 until he was transferred to the USAR on 20 November 1952. He was Honorably Discharged from the Army of the United States on 11 October 1956.
5. While the 1950's regulation setting forth the guidelines for service number prefix designations is not available, historically, during the period the applicant served, it was the practice to assign a Regular Army enlisted Soldier the prefix of RA, a draftee the prefix of US, and a USAR enlisted Soldier a prefix of ER. These prefixes would then be followed by an eight-digit number. The prefix would change if a Soldier changed components, but the number would not.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was drafted and a draftee's service number started with a US prefix.
2. The available evidence supports that the applicant entered active duty as a draftee and at the time of the issuance of the 1952 DD Form 214 his designated prefix was US. However, when he was transferred to the USAR the designation appears to have been properly changed to a prefix of ER.
3. At the time of the issuance of the 1956 Honorable Discharge Certificate, the applicant is shown to have been an enlisted USAR member. Therefore, the ER 51--- --- service number on the discharge certificate was and is correct.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090003404
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