IN THE CASE OF:	  

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003163 


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 (Certificate of Release or Discharge from Active Duty) to show his correct service number and date of entry on active duty; and

	b.  DD Form 256A (Honorable Discharge Certificate) to show his correct rank and date of discharge from the U.S. Army Reserve (USAR).

2.  The applicant states these errors were discovered when he applied for social security benefits.

3.  The applicant provides copies 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.  Records show the applicant entered the USAR on 23 November 1966 for a period of 6 years.  He was given an eight-digit service number showing the number "1" in the 5th position.  His expiration term of service date was established as 22 November 1972.

3.  On 9 February 1967, the applicant was discharged from the USAR for the purpose of immediate enlistment in the Regular Army (RA).  He was issued a 
DD Form 256A showing his rank as a private, USAR.

4.  On 10 February 1967, the applicant enlisted in the RA for a period of 3 years.  He used the same service number as given him when he enlisted in the USAR.

5.  On 21 November 1967, the applicant was advanced to the rank of specialist four, pay grade E-4.

6.  On 9 February 1970, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).

7.  The applicant's DD Form 214 shows:

	a.  in Item 2 (Service Number): "6" as the 5th digit; and

	b.  in item 17c (Date of Entry): 10 February 1970.

8.  Letter Orders Number 10-1430212, USAR Components Personnel and Administration Center, dated 18 October 1972, announced the applicant's discharge from the USAR effective 22 November 1972.  His rank at the time was specialist four, pay grade E-4.

9.  A DD Form 256A shows the applicant's rank as PVT (private) and that he was discharged on 9 February 1967.

10.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that Item 2 would contain the Soldier's service number and Item 17c would contain the Soldier's date of entry on active duty.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 and DD Form 256A should be corrected to show his correct service number, rank, and dates of entry and discharge.

2.  The evidence of record clearly shows the applicant enlisted in the USAR on 23 November 1966 for 6 years.  He was subsequently discharged from the USAR on 9 February 1967 for the purpose of enlistment in the RA.  He was advanced to specialist four, pay grade E-4 on 21 November 1967.  On
9 February 1970, he was REFRAD and transferred to the USAR after completing
3 years of active duty service.  On 22 November 1972, he was again discharged from the USAR.

3.  Records further show the applicant served in both the USAR and the RA using a service number that showed the numeral "1" as the 5th digit.  However, his DD Form 214 reflects the numeral "6" as the 5th digit.  This error should be corrected.

4.  The applicant's DD Form 214 also indicated that he entered active duty on 
10 February 1970.  This is an obvious error because he was REFRAD on 
9 February 1970.  Therefore, his year of entry on active duty should be corrected to read 1967.

5.  The DD Form 256A, as provided by the applicant, correctly shows his status at the time he was discharged from the USAR for the purpose of enlisting in the RA.  However, it does not appear he was issued a DD Form 256A when he was subsequently discharged from the USAR in 1972.  Therefore, it would be appropriate to issue him this document now, showing his rank as specialist four, component USAR, and date of discharge as 22 November 1972.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  showing in Item 2 of his DD Form 214 the numeral "1" as the 5th digit;

	b.  showing in Item 17c of his DD Form 214 the date: 10 February 1967; and

	c.  issuing him a DD Form 256A showing he was discharged from the USAR on 22 November 1972 in the rank of specialist four.



      _______ _   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)                                         AR20130003163



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ABCMR Record of Proceedings (cont)                                         AR20130003163



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