IN THE CASE OF:  	  

		BOARD DATE:  27 January 2015 	  

		DOCKET NUMBER:  AR20140009945 


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) ending on 12 September 1960 as follows:

* item 2 (Service Number) should be "ER-25-721-XXX" instead of            "RA-17-497-XXX"
* item 5 (Place of Birth (POB)) should be "Chockie, Oklahoma" instead of "Hutchinson, Kansas"
* item 6 (Date of Birth (DOB)), should be 26 July 19XX instead of 18 August 19XX
* item 11b (Station or Installation at Which Effected) should be Fort Hood, Texas, and Fort Sill, Oklahoma, instead of Oakland, California
* item 11d (Effective Date (of Separation)) should be 31 March 1964 instead of 12 September 1960
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) should add a marksmanship badge with rifle and pistol, and sharpshooter badge with carbine and .50 caliber machine gun
* item 26 should also show Driver/Mechanic Badge with Wheel Vehicle Clasp and 2nd Class Artillery Badge 
* item 32 (Remarks) his Blood Group should be "O Negative" instead of "O"

2.  The applicant states:

* he lost his records while moving many years ago; he would like his        DD Form 214 corrected for the purpose of benefits
* he previously sent for his DD Form 214 to be corrected on several occasions but did not hear back 

3.  The applicant provides:

* DD Form 214
* Standard Certificate of Birth
* Request Pertaining to Military Records

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 available service record shows he served in two components: the Regular Army (RA) and the U.S. Army Reserve (USAR).  This Record of Proceedings addresses his RA or active duty service and his USAR service. 

3.  Prior to his enlistment in the RA, the applicant underwent an enlistment physical at the Armed Forces Examining Entrance Station, Kansas City, Missouri.  His Standard Form 88 (Report of Medical Examination) listed his Service Number as "RA-17-497-XXX" and his DOB as "18 August 19XX."  It did not indicate his blood type in item 49 (Blood Type and RH Factor).  

4.  The applicant enlisted in the RA for a period of 3 years on 13 September 1957.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number as "RA-17-497-XXX," DOB as "18 August 19XX," and his POB as "Hutchinson, Kansas."

5.  His DA Form 24 (Service Record) which was created upon his entry on active duty also listed his Service Number as "RA-17-497-XXX."

6.  He was trained in and held military occupational specialty (MOS) 640.00 (Light Vehicle Driver).  Following completion of MOS training, he was assigned to various artillery units at Travis Air Force Base (TAFB), California.  

7.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he was last assigned to Headquarters Battery, 1st Missile Battalion, 61st Artillery, TAFB, California.  Additionally, Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded or authorized by general/special orders the: 

* Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber)
* Second Class Marksmanship Qualification Badge with Artillery Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Driver Badge with Wheel
* Good Conduct Medal 

8.  On 8 May 1959, he completed a DD Form 398 (Statement of Personal History).  He listed his: 

* DOB as "18 August 19XX"
* POB as "Hutchinson, Kansas" 
* Organization and Station as Headquarters Battery, 29th Artillery Group, TAFB, California
* Service Number as "RA-17-497-XXX"

9.  On 22 June 1959, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination).  This form listed his DOB as "18 August 19XX," his POB as "Hutchinson, Reno County, Kansas," and his Service Number as   "RA-17-497-XXX."

10.  On 21 September 1959, he completed a DA Form 428 (Application for Identification Card) and indicated he had lost his ID card while fishing and swimming.  He listed his Service Number as "RA-17-497-XXX" and his Blood Type as "O." 

11.  Special Orders Number 37, issued by Headquarters, 1st Missile Battalion, 61st Artillery, TAFB, California, ordered his reassignment to the U.S. Army Transfer Station, Oakland, California for the purpose of separation (from the RA). 

12.  On 15 July 1960, he underwent a separation physical.  His Standard Form 88 listed his Service Number as "RA-17-497-XXX" and his DOB as "18 August 19XX."  It did not indicate his blood type.
13.  He was honorably released from active duty on 12 September 1960 and he was transferred to the XVI U.S. Army Corps, Kansas, to complete his remaining service obligations.  His DD Form 214 shows he completed 3 years of active service.  It also shows in:

* item 2, RA-17-497-XXX
* item 5, Hutchinson, Kansas
* item 6, 18 August 19XX
* item 11b, Oakland, California
* item 11d, 12 September 1960
* item 26, the Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber), Second Class Marksmanship Qualification Badge with Artillery Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Driver Badge with Wheel, and Good Conduct Medal 
* item 32, Blood Group "O"

14.  On 31 August 1963, Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO published Letter Orders ordering his honorable discharge from the USAR effective 31 August 1963 by reason of having completed his military service obligation.  

15.  He provides a Standard Certificate of Birth that shows an individual with the same name was born in the village of Chockie, State of Oklahoma, on 26 September 19XX. 

16.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  The version in effect at the time of his discharge states:

* item 2 shows the Service Number; USAR personnel are identified with "ER" while Regular Army Soldiers are identified as "RA" 
* items 5 and 6 show the date and place of birth, from the Soldier's records
* item 11b, shows the station or installation where the transfer or discharge was effected
* item 11d shows the separation date
* item 26 shows all awards and decorations during the period
* item 32 shows various entries including the Blood Group
DISCUSSION AND CONCLUSIONS:

1.  With respect to his Service Number, RA enlisted Soldiers were identified with the prefix "RA" to indicate their affiliation with the Regular Army.  The applicant enlisted in the RA on 13 September 1957.  He did not enlist in the USAR.  Therefore, his Service Number would not have started with the prefix "ER."  All documents in his service records consistently listed his Service Number as shown on his DD Form 214.  He provides no evidence that this number is in error.  Therefore, there is no reason to change it. 

2.  With respect to the DOB and POB, all documents in his service records show he was born in Hutchinson, Kansas, on 18 August 19XX.  He even listed this DOB and this POB in the Statement of Personal History, in May 1959.  His background investigation Certificate of Clearance confirmed both. 

   a.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed.

	b.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB or POB.

3.  He was released from active duty on 12 September 1960.  This date concluded his active duty service.  He seems to confuse active and inactive service.  The DD Form 214 is a record of active service.  He was not separated from active duty in 1964.  The date of separation listed on his DD Form 214 is correct and there is no reason to change it. 

4.  The only permanent duty station shown on his records was in California.  There is no record of active duty service at Fort Hood or at Fort Sill.  His last assignment was with Headquarters Battery, 1st Missile Battalion, 61st Artillery, TAFB, California.  He was reassigned to the Personnel Center in Oakland California for separation processing.  Therefore, his last unit of assignment and the installation where he was separated are both correctly listed on his DD Form 214.  There is no need to change either entry. 

5.  All the awards and badges he mentions are already listed on his DD Form 214.  He also mentions a marksmanship badge with a pistol and sharpshooter badge the .50 caliber machine gun.  Nowhere in his records does it show he qualified with these weapon systems.  There are no orders, firing scorecards, memoranda, disposition forms, or entries to support his contention.  In the absence of documentary evidence confirming he fired said weapon systems and the degree of qualification, there is insufficient evidence to show additional badges on his DD Form 214. 

6.  His blood type is listed as "O."  This is presumably what medical authorities determined at the time.  In the absence of evidence to the contrary, it must be presumed that this entry is correct and he provides no evidence to necessitate its change.  Additionally, the application for ID card he completed in September 1959 confirms this entry.  

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)                                         AR20140009945



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ABCMR Record of Proceedings (cont)                                         AR20140009945



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