IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150009298 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150009298 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150009298 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 record to show his discharge date as 18 August 1963 and his rank as private first class (PFC). 2. The applicant states he needs his rank shown as private first class (PFC) and his discharge date as 19 (sic) August 1963. He served 2 years on active duty and 4 years in the Reserve. 3. The applicant provides a copy of a National Archives and Records Administration NA Form 13038 (Certification of Military Service.) 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 records are not available. His records were in the primary area of the 1973 fire at the National Personnel Record Center (NPRC) in St. Louis, Missouri, and were likely destroyed. 3. He has repeatedly asked the NPRC for a copy of his DD Form 214 (Report of Release or Discharge from Active Duty). For example, he wrote in November 1984, “…please send me a copy of my discharge papers and my DD 214. My time was served 8-19-57 to 8-19-59.” 4. In a May 2009 application to the Army Board for Correction of Military Records (ABCMR) the applicant asked that the date of his discharge be changed to 18 August 1963 and that the rank be changed from private to PFC on his DD Form 256A (Honorable Discharge Certificate). The copy of the DA Form 256A that he submitted shows that, on 31 July 1963, he was separated with an honorable discharge from the Army of the United States as a private. That request was administratively closed because no records were available. 5. The only military records available are his release from active duty (REFRAD) orders and some finance records. The orders identify him as a U.S. Army Reserve PFC who was scheduled for REFRAD on 15 August 1959. He was being transferred to the XII Army Corps (Reserve) (Annual Training). He had a 6-year total military obligation. The finance records are limited to his period of active duty service and clearly show he was paid as a PFC. 6. The available finance records do not show any pay for annual training subs. DISCUSSION: 1. At various times, the applicant has requested a copy of his DD Form 214 and correction of his DA Form 256A. 2. NA Form 13038 is not an Army document and the ABCMR has no authority to change this record that describes only his active duty service. 3. There are no available records upon which to base a change to his records. It is noted that the applicant was transferred to the XII Army Corps (Reserve) (Annual Training). Unfortunately, there are no records of his Reserve service that would support a conclusion that the rank and separation date shown on his DD Form 256A are incorrect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009298 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009298 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2