IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140003155 


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, in effect, the following:

* issuance of a DD Form 256 (Honorable Discharge Certificate) for his period of service in the U.S. Army Reserve (USAR) showing his pay grade of E-5
* issuance of a DD Form 214 (Certificate of Release or Transfer from Active Duty) for his period of service in the USAR

2.  The applicant states:

   a.  All documents were destroyed in a house fire in the 1970's.  He has tried for almost 38 years to obtain or recover documents pertaining to his time serving his country.  He hasn't given up hope of holding his honorable discharge in his hands.  

   b.  He was a former Soldier on active duty from 29 December 1967 through 10 June 1968.  As stated on the attached Certificate of Military Service, he was then transferred to the USAR and served at Headquarters and Headquarters Detachment (HHD), 696th Maintenance Battalion, Fulton Road Station, Mobile, AL, in pay grade E-5.

   c.  Attached are DA Forms 2233 (Army Reserve Pay Voucher Summary and Certification Sheet) which show a progression of pay grade in his Reserve unit from E-2 to E-5.  The only document he has left to claim is a DD Form 256 for his honorable discharge from his USAR, his pay grade of E-5, and a DD Form 214 for this time, if applicable.  This is the last form or forms that will end his very long journey.  He had to see this through until he obtained the final paperwork to complete his military service to his country.  He just can't give up.

3.  The applicant provides copies of the following:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 19 DA Forms 2233
* 19 DA Forms 2349 (Military Pay Voucher)
* 19 DA Forms 2659 (National Guard/Reserve Pay Roster-Assemblies-Drills)
* Certification of Military Service
* Standard Form 180 (Request Pertaining to Military Records)
* his letter to the U.S. Army Human Resources Command (HRC) and their response

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete USAR military records are not available to the Board for review.  However, there was sufficient documentation contained in his available military records and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show he enlisted in the Regular Army (RA), in pay grade E-1, for a period of 2 years on 29 December 1967.  Based on the 6-year statutory requirements in effect at the time, his military service obligation would have been established as 28 December 1973.  

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11D (armor reconnaissance (specialist)). He was advanced to pay grade E-2 on 29 April 1968.

5.  He was honorably released from active duty on 10 June 1968 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations.  He was credited with completing 5 months and 22 days of net active service.  His DD Form 214 lists in:

* Item 5a – PVT (private) (P) (permanent)
* Item 5b (Pay Grade) – E-2
* Item 6 (Date of Rank) – 29 April 1968

6.  He provided copies of the following:

* 19 DA Forms 2233, for the period from 1 June 1969 through 28 February 1975, which show he was assigned to HHD, 696th Maintenance Battalion, Fulton Road Station, Mobile, AL, and attended regularly-scheduled inactive duty training assemblies during that period
* 19 DA Forms 2349 (Military Pay Voucher), for the period June 1969 through February 1974, which show he was assigned to HHD, 696th Maintenance Battalion, Fulton Road Station, Mobile, AL, in pay grade E-5
* 19 DA Forms 2659, for the period June 1969 through December 1973, which show his pay grade as E-5

7.  His available record is void of any orders promoting him to pay grade E-5 in the USAR.  The record is also void of any orders discharging him, honorably or otherwise, from the USAR.

8.  On 10 April 1990, the National Personnel Records Center issued a Certification of Military Service for his honorable period of service in the RA from 29 December 1967 through 10 June 1968.

9.  In a letter, dated 26 October 2013, he requested a re-creation of his DD Form 256.

10.  In a letter, dated 9 December 2013, the Veteran Inquiry Section Chief, HRC, advised him that they were unable to provide a new DD Form 256 without a copy of an Army Reserve Discharge order.  Unfortunately, they had been unable to locate said order and the leave and earnings statements that he provided did not indicate his date and character of discharge.  If he had any documents that pertain to his discharge and include the information necessary, to forward them to that office with a new request.

11.  Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment.  A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more days of continuous active duty, The regulation states items 5a and 5b would list the active duty grade or rank and pay grade at time of separation and item 6 would list the effective date for the grade shown in items 5a and 5b.

12.  Army Regulation 135-178 (Army National Guard and USAR, Enlisted Administrative Separations), in effect at the time, set the policy for administrative separation of Army National Guard of the United States and enlisted Soldiers of the USAR for a variety of reasons.  The regulation stated in:

   a.  Paragraph 2-9 – the following were characterizations of service authorized by the regulation:

		(1)  An honorable characterization was appropriate when the quality of the soldier’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate.  An honorable characterization could only be awarded a Soldier upon completion of his/her service obligation.

		(2)  A general characterization was appropriate if a Soldier’s service had been honest and faithful, and when significant negative aspect of the Soldier's conduct or performance of duty outweighed positive aspects of the Soldier's military record.

		(3)  An under other than honorable conditions was appropriate when discharge was for misconduct, fraudulent entry, homosexual conduct, unsatisfactory participation, or security reasons, and based upon a pattern of behavior.

   b.  Paragraph 2-17 – Notice of discharge would be either by actual, as by delivery to the Soldier, of the discharge order or certificate.

   c.  Paragraph 2-19 – Discharge certificates would be furnished to Soldiers when they were honorably discharged or discharged under honorable conditions (general) from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted in the RA on 29 December 1967.  He was released from active duty in pay grade E-2 on 30 June 1968 and he was transferred to the USAR Control Group (Reinforcement).  He was issued a DD Form 214 that captured his period of active duty.

2.  Subsequent to his release from active duty, he appears to have served in the USAR.  Service in the USAR is inactive service and a DD Form 214 is not issued for inactive service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  Reserve time is not listed on the DD Form 214 because it is not active service.  As such, the issuance of a DD Form 214 was neither required nor applicable.

3.  By USAR regulation, Soldiers discharged from the USAR would either be issued orders or a certificate.  Although it is unclear if he were issued a discharge order and/or an accompanying discharge certificate, based on the multiple Army Reserve Pay Voucher Summary and Certification Sheets he provided, it is reasonable to presume he served honorably and in the rank listed on those summary sheets, through the date his statutory obligation ended, i.e., 28 December 1973.  Therefore, he is entitled to the issuance of a DD Form 256 reflecting his rank of sergeant. 

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:
* issuing the applicant an order honorably discharging him from the U.S. Army Reserve in the rank of SGT, effective 28 December 1973
* issuing the applicant an Honorable Discharge Certificate from the USAR on 28 December 1973 in the rank of SGT



      _______ _   __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)                                         AR20140003155





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ABCMR Record of Proceedings (cont)                                         AR20140003155



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