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ARMY | BCMR | CY2006 | 20060002291C070205
Original file (20060002291C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 DECEMBER 2006
      DOCKET NUMBER:  AR20060002291


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 the first two digits of his
service number be corrected on his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) from 15 to 16.

2.  The applicant states that his correct service number is 16 vice 15.

3.  The applicant provides a letter from the National Personnel Records
Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 March 1950.  The application submitted in this case was
received at this office on 14 February 2006.

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 are not available to the ABCMR for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the ABCMR
to conduct a fair and impartial review of this case.

4.  Records available to the Board show that the applicant was a member of
the Regular Army from 20 May 1947 to 9 March 1950.

5.  The applicant’s DD Form 214 shows the first two digits of his service
number as 15.  His original Separation Qualification Record and his
Honorable Discharge Certificate dated 20 September 1953 show the first two
digits of his service number as 16.


6.  The applicant provided a letter from the National Personnel Records
Center dated 29 December 2005 that lists the first two digits of his
service number as 15.  Additionally, his records contain ten copies of his
“Certification of Military Service” from St. Louis, Missouri dated as
follows:  7 August 1983; 24 December 1991; 8 April 1993; 15 July 1993; 1
February 1994; 19 October 1994; 8 January 1997; 3 June 1998; 23 July 2002;
and 3 November 2005.  The certificate dated February 1994 and June 1998
show the first two digits of the applicant’s service number as 16, the
other eight certificates list the first two digits as 15.

7.  The morning report dated 6 February 1950 shows the applicant’s name and
lists the first two digits of his service number as 16.

DISCUSSION AND CONCLUSIONS:

1.  The original documents listed in the applicant’s record such as his
Separation Qualification Record, Honorable Discharge Certificate and
morning report both show the first two digits of his service number as 16.
However, St. Louis issued ten copies of the applicant’s Certification of
Military Service in which eight of the certificates show the applicant’s
service number as 15.  Therefore, the preponderance of evidence shows the
first two digits of the applicant's service number as 16.

2.  Additionally, it would be appropriate to revoke all ten copies of the
applicant’s Certification of Military Service and issue a new certificate
with the correct two of the applicant's service number as 16.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 March 1950; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           8 March 1953.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence or
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__RD ___  ___DD __  ___LR __  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 as follows:

      a.  by showing the first two digits of his service number on his DD
Form 214 as 16; and

            b.  by revoking all ten copies of his Certification of Military
Service and issue a certificate with the correct service number.





                            _____Richard Dunbar________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002291                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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