RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20070000942 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Ms. Jeanette B. McPherson

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct social security number as ### - ## - 7798; his date of rank as 13 September 1963; and his place of birth as Buckhannon, West Virginia.

2.  The applicant states, in effect, that he noticed these typing errors while completing an application for disability and wants all documents to show the same information. 

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 7 August 1965, the date of his release from active duty.  The application submitted in this case is dated 7 January 2007.

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.  On 20 August 1962, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 13A1O (Field Artillery).

4.  The applicant’s Enlistment Record (DD Form 4) shows his place of birth as Audrey, West Virginia.

5.  The applicant’s Service Record (DA Form 24) for the period from 20 August 1962 to 7 August 1965, and his Enlisted Qualification Record (DA Form 20) show the applicant’s social security number as being ### - ## - 7798.  



6.  The applicant’s Certificate of Clearance and/or Security Determination (DA Form 873) shows his social security number as being ### - ## - 7798.  This document also shows the applicant’s place of birth as the city of Volga, in the county of Barbour, in the state of West Virginia.

7.  On 13 September 1963, the applicant was promoted (temporary) to specialist four, pay grade E4.

8.  On 13 September 1964, the applicant was promoted (permanent) to specialist four, pay grade E4.

9.  On 7 August 1965, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 2 years, 
11 months and 18 days of creditable active duty.

10.  Item 3a (Grade, Rate or Rank) of the applicant’s DD Form 214 shows his permanent rank as specialist four.  It also refers the reader to block number 32 of this form, where it indicates his date of appointment to specialist four as 
13 September 1964. 

11.  Item 3b (Date of Rank) of the applicant’s DD Form 214, shows 
13 September 1963.

12.  Item 5 (Place of Birth) of the applicant’s DD Form 214, shows Audrey, West Virginia.

13.  Review of a current map of Barbour County, West Virginia, shows that the city of Volga is on a road named Audra, and the city of Buckhannon is a short distance away.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that when the Army needed to use a social security number for the applicant, it used ### - ## - 7798.  Therefore, the social security number of ### - ## - 7298, entered in Item 32 (Remarks) on his DD Form 214 should be changed to read #### - ## - 7798.

2.  The evidence of record does not support the applicant’s contention that his date of rank is wrong on his DD Form 214.  He was temporarily promoted to specialist four on 13 September 1963, as shown in Item 3b of his DD Form 214; and was permanently promoted to this same rank a year later on 13 September 1964.  Therefore, his request to change his date of rank should not be granted.
3.  The evidence of record is inconsistent with regard to the location of the applicant’s place of birth.  Furthermore, the applicant has not provided any substantiating evidence to support his contention that he was born in Buckhannon, West Virginia.  Therefore, the applicant’s request should not be granted.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 August 1965; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
6 August 1968.  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:

________  ________  ________  GRANT FULL RELIEF 

___JEA___  __JLP __  __JBM  _ 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 showing in Item 32 of his DD Form 214 his social security number as #### - ## - 7798.

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 any change of his date of rank or place of birth. 




______   James E. Anderholm___
                          CHAIRPERSON



INDEX

CASE ID
AR20070000942
SUFFIX

RECON
 
DATE BOARDED
20070626 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
. . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0900
2.
100.0800
3.
131.0500
4.

5.

6.