IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20170014659 BOARD VOTE: ___X______ ___X___ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20170014659 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 a statement of military service showing: * Enlisted – 1 July 1957 * Honorably Discharged from the USAR on 19 August 1963 * Rank at the time of discharge – SP4 * Service Number ER18513143, also BR185131144 * Social Security Number 4XX-5X-3XXX [i.e., as shown on the DD Form 149 he submitted to this Board] 2. The Board further determined 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 any relief in excess of that described above. ______________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: 21 November 2017 DOCKET NUMBER: AR20170014659 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 that he be provided a statement of military service. 2. The applicant states he has attempted to get a statement of active military service for the period June 1957 to December 1959 and Army Reserve service from December 1959 to August 1963. 3. A letter, dated 2 May 2013, from the National Personnel Records Center (NPRC) notified him the military records needed to answer his inquiry was not in their files. He was advised his records may have been lost in the 1973 fire at the NPRC. A search for alternate records provided no information. The NPRC checked with the Federal Bureau of Investigation and the Selective Service and no records were found. 4. Through his State Representative, the applicant contacted the Office of the Administrative Assistant (OAA) to the Secretary of the Army for assistance. The OAA contacted the Defense Finance and Accounting Service (DFAS), but DFAS was unable to locate applicable pay records from the period of service referenced without specific information about the duty location and unit. The applicant provided the few military documents he had, but they were not sufficient to locate his pay record. 3. The applicant provides copies of: a. DD Form 256A (Honorable Discharge) certificate from the United States Army Reserve (USAR) showing his name, service number as ER 18 XXX X43, rank as specialist four (SP4), and his discharge date as 19 August 1963. b. Department of the Army Annual or Terminal Statement of Retirement Points for USAR service for the period 28 May 1961 to 27 May 1962. This document shows his name and a service number of “BR 18 XXX X44,” which is different from the service number shown on the above DD Form 256A. This documents also shows during this period of USAR service he earned: * 50 points for inactive duty training * 15 membership points * 00 points for extension courses * 15 active duty points * 80 total retirement points c. Unit lesson plan for use of compass: direction, orientation, dated 18 April 1960. This lesson plan appears to show a designation for an infantry unit, but the unit is illegible. d. Letter from the Major General Commanding, U. S. Army Training Center, Field Artillery, Fort Chaffee, Arkansas, dated 18 July 1957, addressed to the applicant’s parents forwarding an official picture of the applicant that was taken during basic training. e. Cover page from the United States Army Training Center, Field Artillery, Fort Chaffee, Arkansas, for B Battery, 6th Battalion, Basic Training Command and a second page showing pictures of 12 individuals and a list of names. The applicant’s name is among those listed. This page contains three additional pictures of Soldiers who appear to be participating in training exercises. f. Selective Service System documents showing in 1957 he had a selective service number of 41-XX-XX-XX52. g. Copies of his social security card (illegible), driver’s license, and military dog tag. h. NA Form 13075 (Questionnaire About Military Service), dated 22 April 2012, the applicant provided to NPRC in an effort to locate his record, he provided the following information: * Serial/Service number: US18XXXX44 * Selective Service Number: 41-XX-XX-XX52, Edinburg, Texas * Final Rank: SP4 * Place and Date of Enlistment: Fort Chaffee, AK, 30 June 1957 * Place and Date of Basic Training: Fort Chaffee, AK, 30 June 1957 * Type of Military Assignment: Infantry * Date Released from Active Duty: 22 December 1959 * Last Military Organization: Last known, 4th Army, 357th Infantry Division * Separation Station: Rio Grande City, Starr County, Texas * Reserve service: December 1959 to August 1963 i. During a telephone conversation, the applicant stated he completed basic training at Fort Chaffee, advanced individual training in crew served weapons at Fort Jackson, security training at Fort Gordon, and he was assigned to White Sands Missile Range to provide security for the missile range. When he was released from active duty, he was assigned to a USAR unit in Texas and he was given new dog tags with a number that was different from his active duty dog tags (the latter which he did not keep). He served in a USAR infantry unit in McAllen, Texas, near home. 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. Documents provided by the applicant show he was in basic training on 18 July 1957 and he was honorably discharged from the USAR in the rank of SP4 on 19 August 1963. His Department of the Army Annual or Terminal Statement of Retirement Points show he was in the USAR from 28 May 1961 to 27 May 1962 and he earned 50 points for inactive duty for training, 15 membership points, and 15 points for active duty annual training. 3. His honorable discharge certificate shows his service number as ER 18 XXX X43. His annual retirement point’s statement shows his service number to be BR 18 XXX X44. 4. There are no available records to corroborate the applicant’s service. DISCUSSION: 1. Based on the documents provided, it is reasonable to conclude the applicant served in the USAR from at least 18 July 1957 until his honorable discharge on 19 August 1963, in the rank of SP4. 2. The applicant’s service number beginning with ER 18 indicates he enlisted in the Army Reserve (ER) in Texas, which is consistent with evidence provided. 3. The discharge certificate lists a service number with the last digit as “3” and his 1962 annual retirement point statement lists a service number with the last digit as “4,” indicating there may have been an errors made in his service number which now contributes to difficulty locating his record, if it was not destroyed in the NPRC fire. 4. The first official reference to the applicant’s service was the letter from his training Commanding General officer to the applicant’s parents, dated 18 July 1957, during the applicant’s basic training. Without further documentation to establish the exact date of the applicant’s enlistment, it would be appropriate to list the date as 1 July 1957 with the consideration that the applicant was in basic training prior to 18 July 1957. 5. The evidence would support a recommendation to issue a statement of military service showing the applicant served in the USAR from 1 July 1957 to 19 August 1963 and he was honorably discharged in the rank of SP4. 6. There is no evidence the applicant completed any additional service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170014659 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170014659 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2