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ARMY | BCMR | CY2005 | 20050003289C070206
Original file (20050003289C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050003289


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Phyllis B. Mackey             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms Jeanette B. McPherson          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his name and Regular Army (RA)
number be changed on DA Form 8-274 (Medical Condition-Physical Profile
Record), dated 6 November 1968.

2.  The applicant states, in effect, that the name annotated on the DA Form

8-274 is misspelled and the last digit of his Army serial number is
incorrect (should be H****r, D****e G***, instead of H****r, B****** G***,
and his RA number should be RA1****908, instead of RA1****900).

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty) and DA Form 8-274, which reflects incorrect information,
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 November 1968.  The application submitted in this case is dated 22
February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted into the RA on
2 September 1955.

4.  The applicant continued to serve through several enlistments and he was
separated for the purpose of retirement, on 31 October 1975.

5.  All the applicant’s military related documents, with exception to the
DA Form 8-274 has the applicant’s name recorded as H****r, D****e G***,
instead of H****r, B****e G*** that is recorded on his DA Form 8-274.

6.  The applicant’s name is misspelled on the DA Form 8-274.  The name on
this form is shown as, H****r, B***** G***.
                                     7.  The applicant’s military records
show his recorded Army serial number recorded to be 1****908.  The
applicant’s DA Form 8-274 shows the applicant’s Army serial number as,
1****900.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name and Army serial number shown on his DA Form 8-274,
are incorrectly shown.

2.  The applicant’s name is incorrectly recorded as H****r, B*****e G***
and the applicant’s Army serial number is recorded as 1****900, on the DA
Form 8-274.

3.  The name that should be shown on the DA Form 8-274 should be shown as,
H****r, D****e G****.  The Army serial number that should be shown on the
DA Form 8-274 should be RA 1****908.  The applicant desires to have his
name and service number corrected on DA Form 8-274.  The applicant desires
to submit an application for Combat Related Special Compensation (CRSC);
therefore, his DA Form 8-274 must be the same as all other military
documents before he may submit his request for review and consideration of
CRSC.

4. The applicant’s name and serial number were incorrectly entered on the
DA Form 8-274 due to an apparent typographical error.

5.  In view of the foregoing, the applicant’s DA Form 8-274 should be
corrected to reflect the correct spelling of the applicant’s name and the
applicant’s Army serial number should be correctly recorded.

BOARD VOTE:

_JBM____  _TSK___  _RLD __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:  correcting the DA Form 8-274 to show
the correct spelling of the applicant’s name and to show the correct Army
serial number as recorded on all of the applicant’s other military
documents.





                            ____Ted S. Kanamine_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19751031                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100 Change Name                    |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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