BOARD DATE: 1 April 2014 DOCKET NUMBER: AR20130012561 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, correction of his military records to show: a. he was honorably discharged from the U.S. Army Reserve (USAR) after serving 2 years of active duty; b. he was honorably discharged from the USAR and Army National Guard (ARNG) after serving 5 years; and c. his service number as "0x 7xx 4xx." 2. The applicant states: * his records indicate he should be eligible for veterans burial benefits * he wants his records to indicate his correct military service * he needs his service number corrected to facilitate his burial request in a National cemetery * he has always had the same service number, but when he went to the National cemetery in Riverside they said his numbers did not match 3. The applicant provides: * two applications * USAR discharge orders, dated 28 October 1968 * Honorable Discharge Certificate, dated 26 October 1968 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 DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 3 February 1961, shows his service number as "0x 7xx 4xx." He was appointed as a second lieutenant in the USAR on 4 June 1961. He was ordered to active duty on 24 September 1961. He served as an infantry unit commander and he was honorably released from active duty (REFRAD) on 23 September 1963 and transferred to the USAR Control Group (Annual Training). 3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows: * his service number as "0x 7xx 4xx" * he completed 2 years of creditable active service * had 3 months and 20 days of other service (USAR service from 4 June 1961 to 23 September 1961) 4. On 4 January 1964, he was transferred from the USAR and appointed as a first lieutenant in the ARNG. He was discharged from the ARNG on 27 September 1965 and transferred to the USAR. 5. Discharge orders, dated 28 October 1968, show: * his service number as "0x 7xx 4xx" * he was honorably discharged from the USAR effective 26 October 1968. 6. All of his service personnel records show his service number as "0x 7xx 4xx." DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct his military records to show he was honorably discharged from the USAR after serving 2 years of active duty was noted. However, his DD Form 214 shows he was honorably REFRAD after completing 2 years of creditable active service. Therefore, there is no basis for granting this request. A copy of the DD Form 214 will be provided to the applicant. 2. His request to correct his military records to show he was honorably discharged from the USAR and ARNG after serving 5 years was also noted. However, evidence shows he completed over 5 years of service in the USAR and ARNG. Therefore, there is no basis for granting this request. 3. Although he implies his service number is incorrect, evidence shows service number "0x 7xx 4xx" was used when he was appointed in the USAR in 1961 and when he was discharged from the USAR in 1968. Therefore, there is insufficient evidence on which to base amending his service number. 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) AR20130012561 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012561 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1