BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011298
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 Honorable Discharge Certificate to show his service number as "ER xx-xx9-xxx" instead of "ER xx-xx0-xxxx."
2. The applicant states his service number is wrong on his Honorable Discharge Certificate and he would like a replacement.
3. The applicant provides:
* DD Form 256A, dated 30 September 1962
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 December 1957
* Letter Orders 2739, issued by Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, dated 30 September 1962
* His letter to the National Personnel Records Center (NPRC), St. Louis, MO, dated 14 November 2011
* NPRC's response, dated 12 December 2011
* His letter to NPRC, dated 16 December 2011
* His letter to NPRC, dated 2 April 2012
* NPRC's response, dated 18 April 2012
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 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed 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. On 13 October 1954, the applicant enlisted in the U.S. Army Reserve (USAR).
4. On 23 June 1957, he entered active duty for training for the purpose of completing his military occupational specialty (MOS) qualification training. He completed training and he was awarded MOS 321.10 (Lineman).
5. On 19 December 1957, he was honorably released from active duty and reverted back to the control of the USAR. Item 2 (Service Number) of his DD Form 214 shows his service number as "BR xx-xx9-xxx."
6. Letter Orders Number 2739, dated 30 September 1962, discharged the applicant from the USAR, effective 30 September 1962. His service number on these orders is shown as "ER xx-xx0-xxx."
7. On 30 September 1962, an Honorable Discharge Certificate was prepared for the applicant. This document shows his service number as "ER xx-xx0-xxx," the same service number as shown on his discharge orders.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence
of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his Honorable Discharge Certificate should be corrected to show his service number as "ER xx-xx9-xxx" instead of
"ER xx-xx0-xxx." While there is no way to know for sure which service number is correct, the requested service number appears on his DD Form 214. Therefore, it is likely that the service number listed on his DD Form 214 is correct.
2. However, his DD Form 214 shows his service number as "BR xx-xx9-xxx." However, service numbers for USAR Soldiers were preceded by the prefix "ER," not "BR." Therefore, while his service number may be correct as represented on his DD Form 214, the prefix should be corrected to read "ER."
3. In view of the foregoing, his Honorable Discharge Certificate and DD Form 214 should be corrected as recommended below.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. issuing him a new DD Form 256A (Honorable discharge Certificate) that shows his service number as it is shown on his DD Form 214; however, preceded by the prefix "ER" instead of "BR," and
b. amending his DD Form 214 to show his service number beginning with the prefix "ER" instead of "BR."
__________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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011298
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