RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060011310
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Margaret Patterson
Chairperson
Mr. Larry Racster
Member
Mr. Rodney Barber
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 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Transfer or Discharge) be corrected and that item 30 (Remarks) on his DD Form 214 be corrected to show Blood Group A positive instead of O.
2. The applicant states that his correct SSN is 0__-4_-5___ and that his blood type is A positive.
3. The applicant provides a letter from the Social Security Administration, dated 3 August 2006; and a letter from his dialysis center.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
29 November 1968. The application submitted in this case is dated 31 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 applicants failure to timely file.
3. The applicants DD Form 398 (Statement of Personal History), dated
28 November 1966, shows the SSN 0__ -4_-5___. He was inducted on
2 December 1966. He served as a field artillery crewman and was released from active duty on 29 November 1968.
4. Item 3 on the applicants DD Form 214 shows the SSN 0__-3_-9___. Item 30 on his DD Form 214 shows the entry, Blood Group: O.
5. The majority of the applicants service personnel records show the SSN
0__-4_-5___.
6. In support of his SSN claim, the applicant provided a letter, dated 3 August 2006, from the Social Security Administration which shows his SSN is 0__-4_-5___.
7. The applicants DA Form 428 (Application for Identification Card), which was authenticated in his own hand on 20 April 1968, shows his blood type was O.
8. In support of his blood type claim, he provided a letter from his dialysis center which shows his blood type is A positive.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicants SSN is 0__-4_-5___. Therefore, it would be appropriate to correct item 3 on his DD Form 214 to reflect this SSN.
2. Although the applicant contends that his Blood Group is A positive, evidence of record shows his blood type was listed as O. Since there is conflicting evidence, and since presumably his DD Form 214 is not currently being used by his medical care system as the official authority concerning his blood type, there is insufficient evidence on which to amend item 30 on his DD Form 214.
3. Records show the applicant should have discovered the alleged errors now under consideration on 29 November 1968; therefore, the time for the applicant to file a request for correction of any error expired on 28 November 1971. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
LR______ ________ __RB___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ __MP____ ________ 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 amending item 3 on his DD Form 214 to show the SSN 0__-4_-5___.
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 amending his Blood Group in item 30 on his DD Form 214.
_Margaret Patterson____
CHAIRPERSON
INDEX
CASE ID
AR20060011310
SUFFIX
RECON
DATE BOARDED
20070315
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0900
2.
100.0000
3.
4.
5.
6.
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