IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160006317 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: 5 December 2017 DOCKET NUMBER: AR20160006317 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: 5 December 2017 DOCKET NUMBER: AR20160006317 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show various duty assignments. 2. The applicant states: a. His records should be corrected to show his induction in Omaha, NE, in January 1963; basic training at Fort Leonard Wood, MO, followed by advanced individual training at Fort Polk, LA; assignment to The Old Guard Fife and Drum Corps at Fort Myer, VA; and duty assignment in Germany in February 1964. b. His records are missing due to the St. Louis fire. c. The Board should consider his request based on historical importance, recognition, and awards. 3. The applicant provides: * self-authored letter, dated 13 February 2016 * photographs * newspaper articles * Honorable Discharge Certificate * U.S. Army Reserve discharge orders * DD Forms 214 for the periods ending 12 November 1963 and 10 November 1966 * correspondence from a Member of Congress, dated 13 March 2017 * pages 2 and 3 of his DA Form 20 (Enlisted Qualification Record) * service personnel 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's military records are not available for review. The National Personnel Records Center search failed to locate his service records. This case is being considered based on the documents provided by the applicant. 3. His DD Form 214 for the period ending 12 November 1963 shows: * he enlisted in the Regular Army on 31 January 1963 for a period of 3 years * he was honorably released from active duty for immediate reenlistment on 12 November 1963 * his last duty assignment and major command as Headquarters and Headquarters Company, 3d Infantry 4. His DD Form 214 for the period ending 10 November 1966 shows: * he reenlisted on 13 November 1963 for a period of 3 years * he was honorably released from active duty on 10 November 1966 for expiration term of service * his last duty assignment and major command as U.S. Army Airborne, Electronics, and Special Warfare Board (Military Intelligence-7001-00), U.S. Army Materiel Command, Washington, DC 5. Item 31 (Foreign Service) of his DA Form 20 shows he received foreign service credit from 24 March 1964 to 25 March 1966 while assigned to U.S. Army Europe, Germany. 6. Item 38 (Record of Assignments) of his DA Form 20 shows: * he completed basic training at Fort Leonard Wood, MO * he completed advanced individual training at Fort Polk, LA * his principal duties were rifleman and senior rifleman (Fife and Drum) while assigned to Headquarters and Headquarters Company, 1st Brigade, 3d Infantry Regiment (The Old Guard), Fort Myer, VA, from 30 June 1963 to 19 March 1964 7. He provided photographs of Soldiers in basic training and The Old Guard. He also provided numerous newspaper articles pertaining to The Old Guard Fife and Drum Corps. 8. He provided a self-authored letter, dated 13 February 2016, stating: a. His records from his first enlistment are missing from his service records. He joined the Army with his best friend under the buddy system on 31 January 1963 in Omaha, NE. b. He went to basic training at Fort Leonard Wood, MO, and he was a squad leader. He attended advanced individual training at Fort Polk, LA, and he was a platoon guide. He was accepted into The Old Guard Fife and Drum Corps at Fort Myer, VA. He was a member of the Fife and Drum Corps when President Kennedy was assassinated and his unit participated in his funeral honors. c. He reenlisted at Fort Myer, VA, and he was transferred to Germany in February 1964. His service records begin with this reenlistment. It is extremely important to him that his original enlistment is documented. d. His family on his mother's side has been in this country since 1638. They are one of the founding families of Hingham, MA. 9. He also provided a letter he wrote to a Member of Congress, dated 9 March 2017, stating his military records while serving as a member of The Old Guard Fife and Drum Corps were lost in the fire in St. Louis. He was a member of The Old Guard Fife and Drum Corps from 30 June 1963 until he received reassignment orders to Germany on 24 March 1964. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. There was no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation. 2. The U.S. National Archives and Records Administration official website states a disastrous fire at the National Personnel Records Center on 12 July 1973 destroyed approximately 16-18 million Official Military Personnel Files. The fire affected approximately 80 percent of the records of Army personnel discharged between 1 November 1912 and 1 January 1960. DISCUSSION: 1. The applicant contends his records from his first enlistment are missing as a result of the fire at the National Personnel Records Center in St. Louis, MO. 2. Although his records could not be located, there is no evidence to suggest his records were destroyed in the fire. 3. The records he provided contain a DD Form 214 covering his initial enlistment. Additionally, his DA Form 20 shows: * he completed basic training at Fort Leonard Wood, MO, in 1963 * he completed advanced individual training at Fort Polk, LA, in 1963 * his principal duties were rifleman and senior rifleman (Fife and Drum) while assigned to The Old Guard at Fort Myer, VA, from 30 June 1963 to 19 March 1964 4. His request to correct his DD Form 214 to show various duty assignments was noted. However, there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006317 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006317 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2