IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020674
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 separation program number (SPN) of 741 be changed.
2. The applicant states he believes the error was made because of his IQ at the time of his discharge.
3. The applicant provides:
* Redeployment Orders 10-S-6, dated 4 October 1957, issued by the Seventh U.S. Army
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two Honorable Discharge certificates
* Certificate of Military Service, dated 23 May 2011
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 applicants 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 applicants 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 he enlisted in the Regular Army on
22 October 1954. He was honorably discharged on 24 October 1956 for immediate reenlistment on 25 October 1956. This form also shows at the time of his discharge, the applicant held military occupational specialty (MOS)
640.00 (Light Vehicle Driver) and he was assigned to Headquarters Battery, 73rd Anti-Aircraft Artillery (AAA) Battalion.
4. On 4 October 1957, U.S. Headquarters, Seventh United States published Redeployment Orders Number 10-S-6, 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 SPN code "741," and in accordance with Department of the Army (DA) Circular 635-2, dated 19 August 1957.
5. The applicants DD Form 214 shows he was honorably discharged in the rank/grade of private first class (PFC)/E-3 on 15 November 1957 under the provisions of paragraph 2 of Army Regulation 635-205 with SPN 741 and under the provisions of DA Circular 635-2, dated 19 August 1957. He completed
3 years and 23 days of creditable military service during this period of service, of which 2 years, 4 months, and 10 days 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 provided that the separation of enlisted personnel for the convenience of the Government and the type of discharge were the prerogative of the Secretary of the Army and would be effected only by his authority. Paragraph 2 also listed the various categories for each type of 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. 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's request that his SPN be changed was carefully considered and it was determined there is insufficient evidence to support his request.
2. The SPN reflected on the applicant's DD Form 214 appears to be incorrect as it is not listed in Army Regulation 635-5, 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.
3. 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) AR20120020674
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020674
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090008444
The applicants DD Form 214 shows he was discharged under honorable conditions in the rank/grade of private first class (PFC)/E-3 on 14 April 1958 under the provisions of paragraph 2 of Army Regulation 635-205 with SPN 741 and Department of the Army Circular 635-2, dated 19 August 1957. SPN codes, in effect at the time, were issued to all discharging military personnel. The available evidence of record shows the applicant was issued an order on 11 April 1958 that directed his discharge...
ARMY | BCMR | CY2009 | 20090004549
The applicants military records are not available to the Board for review. 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. Therefore, there is insufficient evidence to correct his DD Form 214 with the appropriate SPN code.
ARMY | BCMR | CY2008 | 20080000592
On 30 January 1958, the applicant was honorably discharged under the provisions of Army Regulation 635-205, paragraph 2 and Department of the Army Circular 635-2 by reason of lack of job performance potential in the rank and grade of SGT/E-5. The commander having custody of the individual's records would enter the following remark in the service record (Section 10, DA Form 24), "Eligible for discharge under Job Performance Potential on (date________)." It appears that at that time the...
ARMY | BCMR | CY2012 | 20120004854
The available records also contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) which shows that, on 13 July 1956, he was discharged under the provisions of Army Regulation 635-205 and Army Regulation 635-89, for homosexuality, with an undesirable discharge. The available evidence does not show he applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. Under Secretary of Defense...
ARMY | BCMR | CY2013 | 20130013094
It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The applicant was assigned to a unit that was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award. The applicant served a qualifying period for award of the Korea Defense Service Medal; therefore,...
ARMY | BCMR | CY2001 | 2001055624C070420
The applicant provided a copy of his DD Form 4, dated 19 January 1954, which shows that he enlisted for a period of 3 years on 19 January 1954. The evidence of record shows that he enlisted for a period of 3 years and served his commitment in an honorable manner and was separated 2 days before completion of 3 years of active Federal service. The Board also notes that he was separated due to early release of overseas returnees and was transferred to the USAR in accordance with regulations...
ARMY | BCMR | CY2011 | 20110019611
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. This case is being considered using reconstructed records which primarily consists of the NA Form 13038 and DD Form 256A provided by the applicant and a DA Form 2139 (Military Pay Voucher) in the applicant's NPRC file.
ARMY | BCMR | CY2002 | 2002080515C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.
ARMY | BCMR | CY2010 | 20100016188
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant was inducted in the Army of the United States for 2 years and entered active duty on 7 December 1954. He was released from active duty and transferred to the USAR at the completion of 2 years of service on 6 December 1956.
ARMY | BCMR | CY2009 | 20090001935
The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows that during the period he was ordered to active duty he had no overseas service. The evidence shows the applicant served on active duty for the period from 23 April 1959 through 12 April 1961 and for the...