BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013123 


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:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 28 February 1970 to show his Service Number (SN) as "ER xx 9xx xxx" instead of "ER xx 7xx xxx" and his date of birth (DOB) to show 19 March 1948 instead of 5 July 1945.

	b.  his U.S. Army Reserve (USAR) discharge orders and Honorable Discharge Certificate to show his rank/grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.

2.  The applicant states his DD Form 214 and discharge orders contain administrative errors. 

3.  The applicant provides a copy of the following documents:

* DD Form 214 for the period ending on 11 September 1968
* DD Form 214 for the period ending on 11 June 1965
* Honorable Discharge Certificate, dated 30 December 1970
* Army National Guard (ARNG) Honorable Discharge Certificate, dated 11 September 1968
* USAR Letter Orders, dated 16 December 1970



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.  In connection with his enlistment in the Utah ARNG (UTARNG), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 5 July 1945.  He also completed a DD Form 98 (Armed Forces Security Questionnaire) that listed his SN as "NG xx 9xx xxx."

3.  He enlisted in the UTARNG for a period of 6 years on 31 December 1964 in the rank of private (PV1)/E-1.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his SN as "NG xx 9xx xxx" and his DOB as "5 July 1945."

4.  On 20 January 1965, the National Guard Bureau (NGB), Washington, D.C. published Letter Order Utah Number 18-65 ordering the applicant to active duty for training (ACDUTRA).  The orders listed his SN as "NG xx 9xx xxx."

5.  He entered ACDUTRA on 26 January 1965, completed basic combat and advanced individual training, and he was awarded military occupational specialty 140.00 (Field Artillery Crewmember).  He was promoted to private (PV2)/E-2 on 1 May 1965.

6.  The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as "5 July 1945" and his SN as
"NG xx 9xx xxx."  However, the entry "NG" is crossed out and the entry "ER" (Enlisted Reserve) is handwritten on top of it.

7.  He was honorably released from active duty on 11 June 1965 to the control of his ARNG unit.  The DD Form 214 he was issued at the time shows he completed 4 months and 16 days of active service.  Additionally, this form shows the following entries:

* Item 2 (SN) shows the entry "NG xx 9xx xxx"
* Item 3a (Grade, Rate, or Rank) shows the entry "Pvt E-2 (P)" (the "P" means Permanent)
* Item 6 (DOB) shows the entry "5 Jul 45"

8.  On 1 March 1966, Headquarters, UTARNG, Office of the Adjutant General, Fort Douglas, UT, issued Special Orders Number 46, directing his transfer from Battery C, 1st Howitzer Battalion, 145th Artillery to the 115th Ordnance Company.  On 1 April 1966, he was advanced to private first class (PFC)/E-3.  Both orders listed his SN as "NG xx 9xx xxx."

9.  On 2 August 1968, Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA, published Reserve Letter Orders Number A-08-0002, ordering him to active duty as a member of the ARNG in the USAR Control Group for a period of
17 months and 29 days, effective 11 September 1968.  The orders listed his SN as "ER xx 9xx xxx" and his rank/grade as PV2/E-2.

10.  On 11 September 1968, Headquarters, UTARNG, Office of the Adjutant General, Salt Lake City, UT, published Special Orders Number 218, discharging him from the ARNG for failing to satisfactorily participate and further assigning him to the U.S. Army Reception Station, Fort Lewis, WA.  The orders listed his SN as "NG xx 9xx xxx" and his rank/grade as PV2/E-2.  

11.  The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he completed 3 years, 8 months, and 11 days of total service for pay.  This form also listed his rank/grade as PV2/E-2 and his SN as "NG xx 9xx xxx."

12.  On 11 September 1968, he was also issued an Honorable Discharge Certificate from the ARNG.  This certificate listed his rank/grade as PV2/E-2 and his SN as "NG xx 9xx xxx."

13.  He entered active duty on 11 September 1968 in the rank/grade of PV2/E-2 and he was subsequently assigned to Headquarters and Headquarters Company, 503rd Supply and Transport Battalion, 3rd Armored Division, Germany.

14.  On 15 November 1968, he was advanced to PFC/E-3.  

15.  On 10 February 1969, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) that resulted in a suspended reduction to PV2/E-2, which was later vacated and 

ordered executed on 24 March 1969.  The DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ) listed his SN as "NG xx 9xx xxx."

16.  On 15 May 1969, he was again advanced to PFC/E-3 and on 15 January 1970, he was appointed to the temporary rank/grade of SP4/E-4.

17.  He was honorably released from active duty on 28 February 1970 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows he completed 1 year, 5 months, and 20 days of active service during this period.  Additionally, this form shows the following entries:

* Item 2 shows the entry "ER xx 742 xxx"
* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) show the entries "SP4" and "E-4"
* Item 9 (DOB) shows the entry "5 JUL 45"

18.  On 16 December 1970, the U.S. Army Administration Center, St. Louis, MO, published Letter Orders Number 12-1108903 discharging him from the USAR, effective 30 December 1970.  The orders listed his grade as "PFC."  He was also issued a DD Form 256A (Honorable Discharge Certificate) that listed his grade as "PFC."  Both documents listed his social security number instead of his SN.

19.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It states, in pertinent part, that the DD Form 256A is an authorized separation document.  Item 2 of the DD Form 214, in effect at the time, listed the SN and item 9 listed the DOB.  Additionally, the DD Form 256A is issued appropriately to all Soldiers receiving an honorable discharge.  In the space under “this is to certify that,” enter the name typed in capital letters in signature order, followed by the grade and component for enlisted members, without the social security number.  Spell out the component if Regular Army; enter other components as ARNGUS [Army National Guard of the United States] or USAR.  Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate.  Type the name in capital letters in the signature order, with grade and branch centered below the name.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows at the time of his enlistment in the ARNG, the applicant listed his DOB as 5 July 1945.  He used this DOB throughout his entire 

military service.  Therefore, his DOB is correctly shown on both of his DD Forms 214.

2.  The evidence of record shows he was assigned the SN "NG xx 9xx xxx" upon his enlistment in the ARNG.  He was discharged from the ARNG in September 1968 and he subsequently entered active service.  He was honorably released from active duty on 28 February 1970.  The DD Form 214 he was issued incorrectly listed the fifth digit of his SN as a "7" instead of a "9."  Therefore, he is entitled to correction of his DD Form 214 to show the correct SN.

3.  The evidence of record shows he was advanced to SP4/E-4 on 15 January 1970.  He served in that grade until his release from active duty on 28 February 1970 and transfer to the USAR Control Group.  There is no indication in his records that he was reduced after his release from active duty on 28 February 1970 and/or prior to completion of his military service obligation on 30 December 1970.  Therefore, he is entitled to correction of his discharge orders and his Honorable Discharge Certificate to show his grade as SP4.

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.  deleting from item 2 of his DD Form 214 for the period ending 28 February 1970 the entry "ER xx 7xx xxx" and replacing it with the entry "ER xx 9xx xxx";

	b.  amending Letter Orders Number 12-1108903 issued by the U.S. Army Administration Center, St. Louis, MO, on 16 December 1970, to reflect the applicant's rank as "SP4" vice "PFC"; and

	c.  reissuing the applicant a DD Form 256A from the USAR on 30 December 1970 in the rank of SP4.
2.  The Board further determined that the evidence presented was 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 correcting his date of birth. 



      __________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)                                         AR20100013123



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ABCMR Record of Proceedings (cont)                                         AR20100013123



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