RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060011045 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Hubert Fry

Chairperson

Mr. William Crain

Member

Mr. Dale DeBruler

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 that item 6 (Date of Birth) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show 16 April 1943; that item 10 (Highest Civilian Education Level) be corrected to show he completed 12 years of civilian education; that item 31a (VA [Veterans Administration] Benefits Previously Applied for) be corrected to show the entry, “Yes”; and the ninth digit of his Social Security Account Number (SSAN) in item 32 (Remarks) be corrected to “9” instead of “6.” 

2.  The applicant states, in effect, that he was born on 16 April 1943, that he completed 12 years of civilian education; that he applied for VA benefits for his knee, neck, and breathing; and that the ninth digit of his SSAN is “9.”  

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
12 July 1966.  The application submitted in this case is dated 26 July 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 undated DD Form 398 (Statement of Personal History) and his induction record show his date of birth is 3 January 1944.  He was inducted on 23 July 1964.  He served as an ammunition storage specialist and was released from active duty on 12 July 1966.  

4.  Item 6 on the applicant’s DD Form 214 shows he was born on 3 January 1944.  Item 10 on his DD Form 214 shows that he completed 11 years of civilian education.  Item 31a on his DD Form 214 shows the entry, “NONE.”  The ninth digit of his SSAN in item 32 on his DD Form 214 is “6.” 

5.  The applicant’s induction record and a DA Form 20 (Enlisted Qualification Record), dated 15 March 1967, show he completed 11 years of civilian education.  His DD Form 398 and a DA Form 20, dated 9 October 1965, show he graduated from high school.  

6.  There is no evidence of record which shows the applicant applied for any VA benefits prior to his induction.

7.  The available records contain several documents which show the ninth digit of the applicant’s SSAN is “6” or “9.”

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.  The regulation in effect at the time stated, in pertinent part, that item 31a would list the type of VA benefit(s) applied for by the applicant prior to the current tour of active service.  This information would be obtained through interview with the applicant. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s induction record shows his date of birth is 3 January 1944.  Since the applicant has provided no evidence (i.e. a birth certificate) to show that he was born on 16 April 1943, there is no basis for amending item 6 on his DD Form 214.     

2.  There is some evidence of record which shows the applicant completed       11 years of civilian education and other evidence of record which shows he completed 12 years of civilian education.  Therefore, since he has provided no evidence (i.e. high school diploma) to show that he completed high school, there is insufficient evidence on which to amend item 10 on his DD Form 214. 

3.  There is no evidence of record which shows the applicant applied for any VA benefits prior to his induction.  Therefore, there is insufficient evidence on which to amend item 31a on his DD Form 214. 

4.  The applicant’s service personnel records show the ninth digit of his SSAN as both “6” and “9.”  Since the applicant has provided no evidence (i.e. a letter from the Social Security Administration or his Social Security card) to support his contention, there is no basis for amending his SSAN in item 32 on his DD Form 214.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 12 July 1966; therefore, the time for the applicant to file a request for correction of any error expired on 11 July 1969.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

HF_____  ___WC__  _DD____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




__Hubert Fry____________
          CHAIRPERSON




INDEX

CASE ID
AR20060011045
SUFFIX

RECON

DATE BOARDED
20070213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0200
2.
100.0000
3.

4.

5.

6.