BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160000922 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 BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160000922 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the entry "HONORABLE" to item 13a of his DD Form 214. ____________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. BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160000922 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) to show his character of service. 2. The applicant states item 13a (Character of Service) of his DD Form 214 is blank. This must be corrected in order for him to apply for Department of Veterans Affairs benefits. 3. The applicant provides: * DD Form 214 * Discharge letter, dated 31 October 1963 * Honorable Discharge from United States Army Reserve (USAR), Letter Orders, dated 31 October 1963 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 enlisted in the Regular Army on 18 November 1957 for a period of 3 years. At the time of his separation, he held specialty number and title 120.00 (Pioneer). 3. His Service Records show his conduct and efficiency ratings as "good" and "excellent." 4. His DD Form 214 shows he was discharged in pay grade E-2 on 17 November 1960. He was credited with completing 3 years of net active service with no lost time. It also shows: * item 11a (Type of Transfer or Discharge) – Transferred to USAR * item 11c (Reason and Authority) – Army Regulation 635-200 (Personnel Separations – General Provisions for Discharge and Release) and Separation Program Number (SPN) 201 Expiration of Term of Service * item 13a (Character of Service) – no entry * item 13b (Type of Certificate Issued) – DD Form 217A (Certificate of Service) 5. A DD Form 217A is a Certificate of Honorable Service as opposed to an Honorable Discharge Certificate. REFERENCES: 1. Army Regulation 635-200, dated 6 December 1955, provided for the discharge of enlisted personnel upon expiration of the term of enlisted service. Paragraph 8 stated an honorable discharge would be furnished when the individual had conduct ratings of at least "good," had efficiency ratings of at least "fair," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial. 2. Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect the time, provided that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested Government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. It stated for item 13a, when an enlisted person is transferred or returned to a Reserve Component, enter either "HONORABLE" or "UNDER HONORABLE CONDITIONS," whichever is appropriate. DISCUSSION: 1. The evidence of record shows the applicant was issued a DD Form 214 with a blank entry in item 13a, and issued a DD Form 217A. In addition, he was honorably discharged at the expiration of his term of service and transferred to the Army Reserve to complete his Reserve obligation. 2. Army Regulation 635-200, as then in effect, stated that an honorable discharge would be furnished when the individual had conduct ratings of at least "good," had efficiency ratings of at least "fair," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial. 3. There is no evidence showing the applicant's character of service on his DD Form 214 should have been anything other than honorable. It appears an administrative error occurred in the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000922 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2