BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090004549 


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) to show the correct Separation Program Number (SPN).

2.  The applicant states his DD Form 214 lists an incorrect SPN code.

3.  The applicant provides a copy of his DD Form 214, dated 26 September 1957, in support of his request.

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 that, after having had prior service, he was inducted into the Army of the United States and entered active service in Knoxville, TN, on 12 February 1957.  This form also shows at the time of his discharge, the applicant held military occupational specialty (MOS) 140.00 (Field Artillery Basic) and he was assigned to Mortar Battery, 3rd Infantry.

4.  On 25 September 1957, U.S. Army Personnel Center, Fort Chaffee, AR, published Special Orders Number 224, 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 an SPN code "741," and 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 (PV2)/E-2 on 26 September 1957 under the provisions of paragraph 2 of Army Regulation 635-205 with SPN 741 and DA Circular 635-2, dated 19 August 1957.  He completed 7 months and 15 days of creditable military service during this period of service, 2 months and 19 days of which 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 provides that the separation of enlisted personnel for the convenience of the Government and the type of discharge are the prerogative of the Secretary of the Army and will be affected only by his authority. Paragraph 2 also lists the various categories for which 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.  For separation authorities of Army Regulation 635-205, paragraph 2, Army Regulation 635-5 lists SPN 21L (separation for other good and sufficient reasons when determined by proper authority); SPN 315 (inductees released from active military services prior to expiration of term of service for which inducted, and concurrently transferred to the U. S. Army Reserve with immediate voluntary order to active duty as Army reservists); and SPN 701 (early release of personnel assigned to installations or units scheduled for inactivation or permanent change of station.

9.  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 contends that his SPN code is listed incorrectly on his DD Form 214.

2.  The available evidence of record shows the applicant was issued an order on 25 September 1957 that directed his discharge from military service, effective 26 September 1957, under the provisions of paragraph 2 of Army Regulation 635-205 and DA Circular 635-2, dated 19 August 1957, with an SPN code of 741.  Accordingly, he was discharged on 26 September 1957.  

3.  The SPN reflected on the applicant's DD Form 214 appears to be incorrect as it is not listed in Army Regulation 635-5 or Army Regulation 635-205, 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. 

4.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy that requirement.  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)                                         AR20090004549



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ABCMR Record of Proceedings (cont)                                         AR20090004549



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