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ARMY | BCMR | CY2005 | 20050007182C070206
Original file (20050007182C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050007182


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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, his DD Form 214 (Armed Forces of the
united States Report of Transfer or Discharge), dated 2 September 1965 be
corrected to show his Social Security Account Number (SSAN), his height and
weight and award of the Expert Marksmanship Qualification Badge with Rifle
Bar for qualifying with the M-14 Rifle as shown in his records.

2.  The applicant states, in effect that his SSAN should read xxx-xx-xxx8
instead of xxx-xx-xxx0.  He also adds that his record does not show his
height as 5' 10" and weight as 175 lbs, but shows his height as 5'7" and
weight as 185 lbs.  He further states that he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-
14 instead of the Marksman Marksmanship Qualification Badge with Rifle Bar
for qualifying with M-14.

3.  The applicant submits a copy of his DD Form 214, dated 1965 in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 2 September 1965, the date of his separation from the Army.  The
application submitted in this case is dated 3 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.  Record shows the applicant was inducted into the Army on 12 September
1963, prior to the time the SSAN came into standard use as a service
member's identification number.  He completed basic training and advanced
individual training and was awarded military occupational specialty 12B20
(Combat Engineer).  Upon completion of his training, he was assigned to
Company D 9th Engineer Battalion from 5 February 1964 through 1 September
1965, in Germany.


4.  The applicant's DD Form 214 shows that, on 2 September 1965, the
applicant was honorably separated from active duty, as an early overseas
returnee and transferred to the United States Army Reserve Control Group
(Reinforcement) to complete his service obligation.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Expert Marksmanship Qualification Badge with Rifle
Bar for qualifying with the M-14.  Also in item 32 (Remarks) entry of the
applicant's SSAN is incorrectly shown as xxx-xx-xxx0.

6.  Section 1 (Chronological Record of Military Service) of the original
copy of the applicant’s DA Form 24 (Service Record) shows the Name, Service
Number and SSAN of the applicant as xxx-xx-xxx8, which covers the period
(Inclusive) from 12 September 1963 through 2 September 1965.

7.  Headquarters, 4th Training Regiment, Fort Dix, New Jersey Special
Orders Number 224, dated 23 October 1963, awarded the applicant the Expert
Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-
1 Rifle.

8.  Headquarters, 9th Engineer Battalion, Special Orders Number 27, dated
1 March 1965, awarded the applicant the Marksman Marksmanship Qualification
Badge with Rifle Bar for qualifying with the M-14 Rifle.

9.  Headquarters, II United States Army Corps, Fort Wadsworth, Staten
Island, New York USAR Special Orders number 28, dated 8 February 1968 shows
that the applicant's SSAN was incorrectly entered on his DD Form 214 and
also incorrectly listed in his assignment orders to the United States Army
Reserve Control Group (Annual Training).

10.  The applicant's service records contain a Standard Form 88 (Report of
Medical Examination), dated 12 September 1963.  This medical form shows
that at the time of induction his height as 69" (5' 9''), and his weight as
151 lbs.

11.  The applicant's service records contain a Standard Form 88, dated 2
July 1965, which was conducted as a separation physical.  This medical form
shows the applicant received a medical examination, which shows his height
as 67" (5' 7") and his weight as 185 lbs.

12.  The applicant's service records contain a signed Statement of Medical
Condition Form.  This form shows that there has been no change in his
medical condition since his last medical examination on 2 July 1965 with
the following exception(s): NONE.  The form that the applicant signed also
states "To the best of my knowledge and belief there has been no change in
my physical condition subsequent to the last examination which I took in
conjunction with my appointment in the Regular Army, and I am not now
suffering from any defect or deformity not thenrecorded."  The applicant's
record does not contain any records, which shows his height as 5' 10" and
his weight as 175 lbs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSAN should read xxx-xx-xxx8 instead of xxx-
xx-xxx0.

2.  Evidence of record shows when the applicant's entered the service his
SSAN was xxx-xx-xxx8.  Section 1 of the applicant’s DA Form 24 (Service
Record) the last digit of his SSAN was eight instead of zero, which covers
the period (Inclusive) from 12 September 1963 through 2 September 1965.
However, during his separation processing the last digit of his SSAN was
incorrectly changed to zero.

3.  The applicant's available service records only show two documents prior
to his separation which listed the incorrect SSAN.  The first document is
the applicant's DD Form 214, item 32 (Remarks).  The second document is
Headquarters, II United States Army Corps, Fort Wadsworth, Staten Island,
New York USAR Special Orders number 28, dated 8 February 1968, for
assignment to the United States Army Reserve Control Group (Annual
Training).

4.  The applicant contends his record should show his height as 5' 10" and
his weight as 175 lbs.

5.  Evidence of record shows the applicant received a physical at the time
of induction and his height was recorded as 69" (5' 9'') and his weight as
151 lbs.  His records also show he received a separation physical on 2 July
1965.  The separation physical recorded his height as 67" (5' 7") and his
weight as 185lbs.  His service records also contain a signed Statement of
Medical Condition Form.  The forms signed by the applicant state "To the
best of my knowledge and belief there has been no change in my physical
condition subsequent to the last examination which I took in conjunction
with my appointment in the Regular Army, and I am not now suffering from
any defect or deformity not then recorded."

6.  Therefore, the applicant agreed with the medical data entered on his
medical forms prior to his separation.  Even with a difference of 2" after
reviewing both physicals, the applicant has not provided any additional
documentation to the contrary which shows he was 5' 10"  tall and his
weight to be 175 lbs.
7.  The applicant was awarded the Marksman Marksmanship Qualification Badge
with Rifle Bar for qualifying with the M-14 Rifle.  This award was shown on
his DD Form 214.

8.  Evidence of record shows the applicant was also authorized the Expert
Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-1
Rifle. This award was omitted from his DD Form 214.  Therefore, the
applicant is entitled to correction of his DD Form 214 to add this badge.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_JNS____  _PHM___  _LJO___  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:

      a.  showing his SSAN as xxx-xx-xxx8; and

      b.  showing award of the Expert Marksmanship Qualification Badge with
Rifle Bar for qualifying with the M-1 Rifle.

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
showing his height as 5' 10" and his weight as 175 lbs.





            ______________________
                    CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20050004750                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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