ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20170012420 APPLICANT REQUESTS: * His term of service to read: from 17 September 1954 to 31 August 1963 * His record to show: active duty from 17 September 1954 to 16 September 1959 * His record to show: reserve duty from 16 September 1954 to 31 August 1963 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter Orders – Discharge from United States Army Reserve (USAR) * DD Form 256A – Honorable Discharge Certificate (USAR) * Department of Veterans Affairs (DVA) – Denial of Benefits Letter * National Personnel Records Center (NPRC) – Record Burn Letter * NA Form 13038 (National Archives And Records Administration Certificate of Military Service) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, he has been denied a military pension based on his record of service dates from 17 September 1957 to 16 September 1959 referenced in his case letter (# C 2X XXX XXX) form the DVA regional office in Houston, Texas. He further states his actual dates for active duty were from 17 September 1954 to 16 September 1959 per the NPRC. 3. The applicant provides: a. Letter Orders, dated 31 August 1963, published by Headquarters, Department of the Army, Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO, Subject: Discharge from USAR, shows he was relieved from the USAR Control Group (Standby) by reason of expiration of term of service (ETS) effective 31 August 1963, and was issued an Honorable Discharge Certificate (DD Form 256A). b. DD Form 256A, shows he was honorably discharged from the USAR on 31 August 1963 in the rank/grade of corporal (CPL)/E-4. c. On 9 May 2011, the Houston Regional Office of the DVA provided the applicant their decision letter denying his claim for pension benefits based on their review of the evidence that shows he had no wartime service. The letter further shows the applicant served on active duty from 17 September 2057 to 16 September 2059 (i.e. 17 September 1957 to 16 September 1959). d. On 24 August 2015, the NPRC responded, to the applicant’s request for his records, indicating they were not available, and that a fire destroyed the area where his records would have been maintained in 1973. The NPRC provided the applicant with NA Form 13038 that shows he served from 17 September 1954 to 16 September 1959. 4. The applicant's complete service records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the NPRC has provided a reconstructed record which provides the following documents to address the applicant's request. This case is being considered using the following reconstructed records: a. DD Form 481-3 (Clinical Record Cover Sheet) dated 29 October 1957, shows the following information: * Block 18 (Length of Service) – 1/12 * Block 19 (Date of Admission) – 25 October 1957 * Block 23 (Diagnosis) – Line of Duty (LOD) – Yes * Block 29 (Date of Disposition) – 29 October 1957 * Block 32 (Name and Location of Medical Treatment Facility) – U.S. Army Hospital, Fort Carson, CO, b. Special Orders Number 187, dated 15 September 1959, published by Headquarters, Quartermaster Training Command, U.S. Army, Fort Lee, VA, that shows he was released from his assignment, and from active duty, not by reason of physical disability on 16 September 1959. The order further shows he: * was transferred to the USAR and provided a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DD Form 217A (Certificate of Service) * held the rank/grade of corporal (CPL)/E-4 * served under 4 years c. DA Form 955 (Allotment Discontinuance) issued by Finance Office, Fort Lee, VA, shows he was separated on 16 September 1959. d. DA Form 2139 (Military Pay Voucher) dated 16 September 1959 shows the following information: * Block 2 (Military Pay Voucher) Final – Separation * Block 3 (Date Entered Active Duty) – 17 September 1957 * Block 4 (Term of Enlistment) – 24 months * Block 6 (Pay Period) – from 1 September 1959 to 16 September 1959 * Block 11 (Remarks) – Transfer to USAR, Total Service 2 years * Block 13 (Basic Pay Grade) – E-4 * Block 14 (Years) – 1 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board agreed his separation documents accurately reflects his service dates, and that there was no error or injustice in this case, which would warrant a correction to the applicant’s military record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012420 5 1