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Decision Text

ARMY | BCMR | CY2013 | 20130001253
Original file (20130001253.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    13 August 2013

		DOCKET NUMBER:  AR20130001253 


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 his service number prefix as "ER" instead of "FR."

2.  The applicant states his service number prefix should reflect what is shown on his DD Form 256A (Honorable Discharge Certificate).  He further states the error is hindering him from applying for benefits.

3.  The applicant provides a copy of his DD Form 214 and DD Form 256A. 

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.  An exhaustive search of the National Archives and Records Administration resulted in the agency being unable to locate the applicant's military service record.  This case will be considered using documents provided by the applicant. 

3.  The applicant provides DD Form 214 which shows his service number prefix as "FR."  His rank/grade is listed as private/E-2.  

4.  This form also shows the applicant was ordered to 6 months active duty training (ACDUTRA) and he entered training on 13 October 1957.

5.  On 12 April 1958, the applicant was honorably released to the U.S. Army Reserve (USAR) and transferred to the USAR Vermont Military District.

6.  Item 18 (Terminal Date of Reserve Obligation) of his DD Form 214 shows his Reserve obligation was to conclude on 3 January 1965.

7.  The applicant provides a DD Form 256A which shows he was honorably discharged from the Army of the United States on 31 December 1964.  The form shows his service number prefix as "ER."

8.  Army Regulation 600-2 (Personnel - General) established the method of recording names and service numbers on the DD Form 214.  Appendix II (Prefixes), Item 4 (Enlisted Personnel) addressed service number prefixes.  The appendix shows:

   a.  The service number prefix "FR" applied to members of the Army Reserve enlisted under section 261 of the Armed Forces Reserve Act (AFRA), for 6 years including 2 years active duty, and members of the Army Reserve enlisted under section 262, AFRA, for 8 years, including ACDUTRA for a period of not less than 3 or more than 6 months.

   b.  The service number prefix "ER" applied to prior service members of the Army Reserve including those transferred from the Army of the United States, Regular Army, or National Guard of the United States and those (age 26 years or over) who enlisted for 3 years with no service obligations under the Universal Military Training and Service Act. 
   
9.  Change Number 1, to Army Regulations Number 600-2, dated 3 October 1962, rescinded the use of the service number prefix "FR."  




DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service number prefix as "ER" instead of "FR" has been carefully examined and found to be without merit.

2.  Evidence shows the applicant was a member of the USAR who was ordered to perform six months of ACDUTRA.  Upon completion of his training on 12 April 1958, he was honorably released and transferred to the USAR Vermont Military District to complete his remaining service obligation.  He was issued a DD Form 214 to capture this period of service which correctly lists his service number prefix of "FR."  

3.  In accordance with Change Number 1 to Army Regulation 600-2, dated 
3 October 1962, which rescinded the use of the service number prefix "FR", upon his honorable discharge on 31 December 1964, he received an Honorable Discharge Certificate which correctly shows his service number prefix as "ER."

4.  While it is understandable the applicant desires to now record the requested service number prefix in his military records, there is insufficient evidence and the absence of a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  However, the applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resources Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the service number prefix recorded in his military records and to satisfy his desire to have his requested service number prefix documented in his AMHRR.

5.  In view of the foregoing, he is not entitled to the requested relief.

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.



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ABCMR Record of Proceedings (cont)                                         AR20130001253



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