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ARMY | BCMR | CY2005 | 20050006666C070206
Original file (20050006666C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050006666


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show his correct
social security number and blood type.

2.  The applicant states that the social security number and blood type on
his DD Form 214 are incorrect.  His blood group is O positive.

3.  The applicant provides a DD Form 214  with the ending period 12
November 1965.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
12 November 1965.  The application submitted in this case is dated 4 May
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 was inducted on 18 December 1963 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 71H (Personnel Specialist).  On 18 November
1965, he was honorably released from active duty.

4.  Item 32 (Remarks) of the applicant's DD Form 214 shows the entries
"Blood Group: A   SSAN: --- -- -4--."

5.  Item 1 (Name) of the applicant’s DA Form 20 (Enlisted Qualification
Record) shows the seventh digit of his social security number as --- -- -9--
.

6.  Item 1 (Name and Service Number) of the applicant's DA Form 24 (Service
Record) shows the seventh digit of his social security number as
--- -- -9--.

7.  There is no evidence in the applicant's records that shows his blood
type is
O positive.
8.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 erroneously shows the seventh digit of his
social security number as 4.  The applicant's DA Form 20 and DA Form 24
confirm that the DD Form 214 is incorrect and should be corrected to
reflect the seventh digit of his social security number as 9.

2.  There is no evidence in the available records and the applicant has not
provided evidence that shows his blood group is O positive.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 November 1965.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
11 November 1968.  Although, the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the evidence submitted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS_ _  __ REB  _  _ RMN  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 DD Form
214 with the period ending
12 November 1965 to show the applicant's seventh digit of his social
security number as 9.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his blood group to
O positive.




                            ____ Ms. Linda D. Simmons __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006666                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |12 January 2006                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0900.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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