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ARMY | BCMR | CY2011 | 20110003974
Original file (20110003974.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003974 


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 the prefix of his service number be changed from "FR" to "ER."

2.  The applicant states, in effect, the mistake is a clerical error.

3.  The applicant provides his Honorable Discharge Certificate, a letter order of discharge, a Certificate of Service, and a copy of service codes from Wikipedia.

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 records are not available.  A fire destroyed approximately     18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  However, the applicant provided sufficient documents to make a fair and equitable decision in his case.

3.  The applicant served in the U.S. Army Reserve.  The highest rank he attained was sergeant (SGT/E-5).  He was honorably discharged on 31 August 1962.

4.  The applicant provided a copy of his Honorable Discharge Certificate showing the prefix "FR" listed before his service number.

5.  The applicant provided a copy of his letter orders discharging him from the United States Army Reserve.  These orders show the prefix "FR" listed before  his service number.

6.  The applicant provided a copy of his a Certificate of Service showing the prefix "ER" listed before his service number.

7.  The applicant provided a copy of a service number code listing from Wikipedia.  This listing shows that the prefix "ER" is used to identify enlisted members of the Army Reserve, and the prefix "FR" was used briefly as an Army prefix by some enlisted members of the Army Reserve and later as an Air Force prefix for all officers and warrant officers of the Regular Air Force. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the prefix of his service number be changed from "FR" to "ER" has been carefully considered.  

2.  Unfortunately, there are no personnel records available, other than what the applicant has provided, to justify correcting the service number prefix from "FR" to "ER."  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




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)                                         AR20110003974





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110003974



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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