IN THE CASE OF:  	  

		BOARD DATE:  8 October 2014  	  

		DOCKET NUMBER:  AR20130022290 


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:

	a.  correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he served on active duty from 5 January 1954 to 31 December 1961 at an E-4 rating instead of 5 January 1954 to 8 December 1955.

	b.  correction of his Certification of Military Service to show his correct service dates and to show his correct service number.

   c.  correction of his U.S. Department of Agriculture (USDA) pay records to show his total years employed to include military and Reserve time. 

2.  He states:

	a.  he was given new orders on 8 December 1955 and was transferred to the U.S. Army Reserve (USAR) for completion of 8 years of service.

	b.  his Certification of Military Service shows an incorrect service number of 
US x6 xx4 xx3 and shows an incorrect start date of 6 January 1954.

	c.  his Honorable Discharge Certificate was mailed to the wrong address and it was not discovered until 2010.  Therefore, his E-4 rating was never acknowledged on his pay scale and not recorded in his records.

3.  He provides:

* Addendum to his application
* Timeline
* Photograph
* Honorable Discharge
* Certification of Military Service
* Standard Form 2801-1 (Civil Service Retirement System (CSRS) - Certified Summary of Federal Service)
* USDA certificate

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 applicant's request for correction of his USDA pay records to show his total years employed to include military and Reserve time is acknowledged.  However, correction of records for civilian service does not fall under the jurisdiction of the ABCMR.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant's complete military records are not available to the Board for review.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The applicant's DD Form 214 authenticated by him shows in:

   a.  item 1 (Grade - Rate - Rank and Date) he was released from active duty (REFRAD) in the rank of specialist three (SP3) (Temporary (T)) with an effective date of 13 April 1955.
   
   b.  item 2 (Service Number) his service number as "US x5 xx8 xx4"
   
   c.  item 6 (Effective Date of Separation) he was REFRAD on 8 December 1955.
   
   d.  item 15 (Inducted) he was inducted into the Army of the United States (AUS) on 5 January 1954.
   
   e.  item 19 (Date and Place of Entry into Active Service) he entered active duty on 5 January 1954.
   
   f.  tem 22 (Net Service Completed for Pay Purposes This Period) he completed 1 year, 11 months, and 4 days of active military service.

	g.  item 38 (Remarks) he was transferred to the USAR for completion of 8 years of service.

5.  His reconstructed records contain Special Orders Number 285, dated 8 December 1955, which show he was REFRAD on 8 December 1955.

6.  His service record is void of evidence which shows he was promoted to SP4/E-4 prior to his REFRAD.  

7.  He provided an addendum to his application in which he stated:

	a.  nearing the completion of his service with the Army, which was to be from 5 January 1954 to 8 December 1955, he was among 5,000 plus troops sent to San Francisco, CA to be discharged.  The discharging of the troops started at approximately 8:00am and continued into the evening ending around 8:00pm.  All were discharged except for 15 men, which included him.  They were then sent to the Fort Ord, CA Transfer Station for the purpose of being reassigned to a USAR unit.

	b.  he remained at the Fort Ord, CA Transfer Station from 18 November through 8 December 1955.  

	c.  he was released from his 2 years of service as an SP3 then he was given his DD Form 214 on a 2x3 card to be carried at all times in his wallet.  

	d.  he was promoted to specialist four (SP4)/E-4 and served in the USAR for an additional 6 years (active standby/standby).  

8.  He provided the following documents:

	a.  Timeline which shows his military service for the period 5 January 1954 to 31 December 1961.

	b.  Honorable Discharge Certificate which shows he was honorably discharged from the USAR on 31 December 1961 in the rank of SP4/E-4.

	c.  Certification of Military Service, dated 24 May 2013, which shows a different service number than shown on his DD Form 214 and he was a member of the AUS from 6 January 1954 to 8 December 1955 in the rank of "Specialist Third Class."

	d.  CSRS - Certified Summary of Federal Service which shows he completed military service from 5 January 1954 to 8 December 1955 and completed civil service from 1 February 1965 to 31 March 1968 and from 1 April 1968 to 30 September 1986.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time governs the preparation of the DD Form 214 and 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant was inducted into the AUS and entered active duty on 5 January 1954 and was REFRAD on 8 December 1955.  He was issued a DD Form 214 which properly reflects this period of service.  

2.  He was transferred to the USAR on 9 December 1955 to complete his Reserve military service obligation and he was discharged from the USAR on 31 December 1961.  By regulation, the DD Form 214 is meant to reflect only the Soldier's active Army service at the time of REFRAD.  Therefore, his discharge date from the USAR on 31 December 1961 is not authorized to be recorded on his DD Form 214.

3.  His DD Form 214 reflects he was REFRAD on 8 December 1955 in the rank of SP3 (T).  His service record is void of evidence which indicates he was promoted to SP4/E-4 prior to his REFRAD.  Therefore, there is no basis for correcting his rank to show SP4.

4.  His Certification of Military Service shows he served on active duty from 6 January 1954 through 8 December 1955 and it shows a service number that is different from the one listed on his DD Form 214.  Therefore, it would be appropriate to issue him an appropriate document to show he entered active service on 5 January 1954 and to show his service number as listed on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
issuing him an appropriate document to correct his Certification of Military Service to show his enlisted service from 5 January 1954 to 8 December 1955 and his service number as it appears on his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to correcting his DD Form 214 to show he served on active duty from 5 January 1954 to 31 December 1961 at an E-4 rating.



      ____________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)                                         AR20130022290



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130022290



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1