ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20170017043 APPLICANT REQUESTS: correction of the National Archives (NA) Form 13038 (Certification of Military Service) to reflect the correct name, date of birth, place of birth, and period of service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record * NA Form 13038 * Statement from his wife 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 his official records were destroyed in the fire, and he lost his discharge papers. He needs copies to show the undertaker in order to be buried in a military cemetery. He provides a statement from his spouse that reads: * all of her husband's records were burned in the fire and he gave up on trying to get this done * she has attached the form that the National Archives initiated for her husband but this form has too many mistakes * his name is misspelled and the period of his service is also incorrect * he was a young man when he enlisted; he served in the Army for 2 years and in the U.S. Army Reserve for 4 years 3. He also provides NA Form 13038 highlighting errors as follows: * Period of service from ---- to ------ instead of ------1958 to ------ * Date of Birth to show the day and month in vice the entry Not Available * Place pf Birth to show the entry vice the entry Not Available 4. The applicant's complete military 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: a. Special Orders Number 92, issued by Headquarters, Fort Myer, VA on 8 May 1958, directed release of Reserve enlisted members from assignment to and active duty, not by reason of physical disability, and assigned the U.S. Army Reserve (Annual Training). The order listed the applicant's name and service number, date of release as 20 May 1958; service remaining obligation as 3 years, 11 months, and 10 days; military occupational specialty 111.00 (Infantryman), and place of call to active duty as Madison, WI. b. Honorable Discharge Certificate that show he was honorably discharged from the U.S. Army Reserve on 30 April 1962. 5. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states not to issue DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record. 6. The NA Form 13038 is issued by the National Archives. Correction of this form should be addressed to the agency that issued it. Such correction is outside the purview of this Board. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board agreed the ABCMR does not have the authority to update the requested document. The Board recommends the applicant contact the agency listed in paragraph 6 above, and that the ABCMR provide the applicant a full copy of the service records used during this consideration. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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), dated 20 August 1973 and in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 would be issued to all personnel at time of retirement, discharge, or release from active duty, including each member of a Reserve Component released after completion of more than 89 days of ADT or full-time training duty. The regulation states not to issue DD Form 214 to replace copies or DD Forms 214 lost by the Soldier. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. Army Regulation 15-185 (ABCMR) states the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170017043 2 1