IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150014070 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: 29 September 2016 DOCKET NUMBER: AR20150014070 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: 29 September 2016 DOCKET NUMBER: AR20150014070 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 records to show he completed 6 years of service. 2. The applicant states, in effect, that Special Orders (SO) Number 123, dated 19 June 1957, ordered him to duty as a Reservist for a period of 6 years. However, while he never received a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), he received a Certification of Military Service, which shows he completed 2 years of service. He referred to another Soldier, RJE, whose name was listed on the same SO, and states that RJE was discharged on the same date and he received a DD Form 214 showing he completed 6 years of service. The applicant indicated that the SO listing RJE's name was a two page document, and that his name was listed on the second page. He further states that he sent this document in for correction at one point, but he does not believe those authorities read the second page of the SO. 3. The applicant provides: * DD Form 217A (Certificate of Service – Armed Forces of the United States) * Special Orders Number 123, dated 19 June 1957 * DD Form 214 and Honorable Discharge Certificate belonging to another Soldier, RJE * Certification of Military Service, dated 8 December 2005 * Letter, dated 11 September 2007 from the Army Board for Correction of 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 provided a DD Form 214 and an Honorable Discharge Certificate belonging to another Soldier in support of his claim. However, he did not provide any evidence to show the Soldier concerned or the next of kin granted him permission to include these documents as part of his case. The ABCMR cannot include the personal information of another Soldier in an applicant's Record of Proceedings (ROP) without the permission of the Soldier concerned. Therefore, these documents will not be included as evidence or further addressed in this ROP. 3. The applicant’s complete military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. SO Number 123, published by Headquarters, U.S. Army Recruiting Main Station, on 19 June 1957, shows the applicant enlisted in the U.S. Army Reserve, on 19 June 1957, for a period of 6 years under Section 261a, Armed Forces Reserve Act of 1952, as amended by the Reserve Forces Act of 1955. These orders also show, with his consent, he was ordered to active duty for a period of 24 consecutive months. 5. SO Number 120, published by Headquarters, U.S. Army Station, Fort Sheridan, IL, on 11 June 1959, released him from active duty on 13 June 1959. On the following day, he was transferred to the U.S. Army Reserve Control Group (Annual Training). These orders indicate the applicant had a service obligation of 6 years under the Universal Military Training and Service Act and that he would receive a DD Form 214 and a Certificate of Service (DD Form 217A). 6. He provided a DD Form 217A, the reverse side of which shows he honorably served on active duty in the Army of the United States from 19 June 1957 to 13 June 1959. His DD Form 214 is not available for review. 7. He provided a Certification of Military Service, dated 8 December 2005 that shows he served on active duty from 19 June 1957 to 13 June 1959. 8. The available service records do not include orders or any other evidence pertaining to his Reserve service, nor is there any documentation showing the date he was discharged from the U.S. Army Reserve. REFERENCES: 1. The Armed Forces Act of 1952 was amended by Public Law 305 (Reserve Forces Act of 1955, dated 9 August 1955. a. Section 261a states, under such regulations as the appropriate Secretary shall prescribe, any person who is qualified for enlistment for active duty in the Army, Navy, Marine Corps, Air Force, or Coast Guard, and who has not been ordered to report for induction into the Armed Forces under the Universal Military Training and Service Act, may be enlisted in the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve, respectively, pursuant to the provisions of this section. b. Section 261b states each enlistment under this section shall be for a period of 6 years. Each person so enlisted shall be required during such enlistment to perform- active duty for a period of 2 years; satisfactory service as a member of the Ready Reserve for a period which, when added to [the 2 years of active duty] will total five years; and the remainder of such period of enlistment as a member of the Standby Reserve. 2. Army Regulation 635-5 (Personnel Separations - Administrative Separation Procedures and Forms) in effect at the time established the uniform administrative procedures and separation forms to be used in connection with relief from active duty or complete separation from military service of commissioned officers, warrant officers, and enlisted personnel. a. Chapter 8 states the purpose of a separation form is to provide the individual with documentary evidence of his military service. It is a vital record for interested Government agencies, which assist the veteran in obtaining the rights and benefits to which he is entitled. b. Paragraph 9a(1)(a) states a DD Form 217A will be issued to enlisted personnel released from active duty and transferred to or reverted to the Army Reserve or National Guard to complete a service obligation incurred under the Universal Military Training and Service Act or to complete the unexpired portion of an enlistment contract. c. Paragraph 9b(2)(b) states that members of the Reserve components ordered to active duty for more than 90 days will be furnished a DD Form 214 upon release from active duty, regardless of the actual number of days served. 3. Army Regulation 635-8 (Separation Processing and Documents), paragraph 8-2 states the DD Form 214 will not be reissued or replaced if lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record. DISCUSSION: 1. The applicant enlisted in the U.S. Army Reserve on 19 June 1957 and incurred a service obligation of 6 years under the provisions of the Universal Military Training and Service Act. 2. SO show he was ordered to active duty on 19 June 1957 for 24 consecutive months. Records show he was released from active duty on 13 June 1959 (a period of 1 year, 11 months, and 25 days). His DD Form 214 for this period is not available. On the following day, he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. 3. The available service records are void of evidence and he has not provided sufficient evidence to confirm the date he was discharged from the U.S. Army Reserve. As such, it is impossible to verify whether he completed his remaining service obligation. 4. The applicant stated he did not receive a DD Form 214 at the time of discharge, and his records do not contain this form. Army Regulation 635-8, paragraph 8-2 states that if no DD Form 214 is available a statement of service will be issued. The evidence of record shows he was issued a Certification of Military Service, dated 8 December 2005. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014070 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014070 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2