BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20130021620 


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 records to show he had more than 6 months of active duty service.

2.  The applicant states the 1973 fire that destroyed many of veterans records apparently included his.  He received a Certification of Military Service which does not give an accurate timeline of his service in the Army.  Credit was not given him for the actual 6 months plus he served on active duty.  He enlisted on 25 October 1956 (he mentioned 4 October 1956 on the VA Form 26-1880) in Walla Walla, WA and was discharged on 3 October 1964.  He started basic training in October 1958 and attended advanced individual training from              1 January 1959 until mid-April 1959, when he received orders to return to Walla Walla.  He served in the Reserves for 8 years and believes the correction is warranted.

3.  The applicant provides copies of a Certification of Military Service, a DD Form 214 (Report of Transfer or Discharge), a Department of Veterans Affairs (VA) Form 26-1880 (Request for a Certificate of Eligibility), and a letter from the National Personnel Records Center (NPRC).

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.  It is believed the applicant's military records were lost or destroyed in the NPRC fire of 1973.  Information herein was obtained from documents provided by the applicant and a limited number of documents related to his period of active duty for training (ACDUTRA) in 1958 - 1959.

3.  The applicant reports he enlisted in the U.S. Army Reserve (USAR) on either 4 or 25 October 1956.

4.  On 26 October 1958, he entered ACDUTRA to complete military occupational specialty training.  A DD Form 214 shows ACDUTRA service from 26 October 1958 through 25 April 1959 with 2 years and 22 days of other service.  He was released from ACDUTRA and transferred to Battery C, 736th Field Artillery Battalion, Walla Walla, Washington.

5.  Other than the notation on the DD Form 214, there is no available documentation related to his USAR service either prior to or subsequent to his 
6-month period of ACDUTRA.  However, 2 years and 22 days of other service would equate to an enlistment date of 4 October 1956.  His DD Form 214 also shows his military service obligation date terminated on 3 October 1964.

7.  The Certification of Military Service, issued 30 March 2012, lists the applicant's active service in the USAR as from 26 October 1958 through 25 April 1959.  A note at the bottom of the Certification of Military Service states it is issued in the absence of a copy of the actual Report of Separation.

8.  Army Regulation 635-5 at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-


cut record of active Army service at the time of release from active duty, retirement or discharge.

9.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION AND CONCLUSIONS:

1.  While it is clear that the applicant had additional USAR service, without additional documentation as to the specific dates of enlistment and discharge correction of his Certification of Military Service (which is not an Army record; this Board cannot correct it) cannot be properly completed.

2.  However, in any case a Certification of Military Service only reports active service, as a replacement for a lost DD Form 214.  And since a DD Form 214 only records active service it appears the Certification of Military Service accurately reports his active military service.

3.  The applicant should note that his DD Form 214 appears to accurately report his date of enlistment in the USAR (4 October 1956, based upon 2 years and 22 days of other service).  In addition, it appears to accurately report his discharge date from the USAR – he states he was discharged on 3 October 1964 and his DD Form 214 shows his military service obligation terminated on 3 October 1964.  Unfortunately, his actual discharge orders are not available.

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)                                         AR20130021620





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ABCMR Record of Proceedings (cont)                                         AR20130021620



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