IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080008406 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Service Number from "US xx xxx 885" to "US xx xxx 886." 

2.  The applicant states, in effect, that due to a clerical error, the last digit of his service number was entered as a "5" instead of a "6" on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 17 June 1953.

	b.  Certificate of Accomplishment, dated 30 March 1953.

	c.  Special Orders Number 163, dated 12 June 1953, Separation Orders.

	d.  Letter of Transfer or Return to Reserve Component, dated 15 June 1953.

	e.  Special Orders Number 150, dated 16 June 1953, Release Orders.

	f.  Assignment Orders Number 380, dated 22 July 1953.

	g.  Assignment Orders Number 58, dated 2 February 1954.

	h.  Special Orders Number 59, dated 25 March 1955, Release Orders.

	i.  Certificate of Training, dated 24 May 1952.

	j.  Undated Certificate of Training.

	k.  Certificate of Accomplishment, dated 4 April 1953.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available to the Board 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 Board to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows that he was inducted in the Army of the United States on 10 July 1951.  His DD Form 47 (Record of Induction), DD Form 398 (Statement of Personal History), and DD Form 369 (Police Record Check-Fingerprints Card), are not available for review in this case.  

4. The applicant's DD Form 214 shows he was trained in military occupational specialty (MOS) 1729 (Combat Engineer/Building Foreman).  He also performed duties of a company clerk, MOS 1816 (Personnel Administration), from 11 December 1952 to 1 May 1953, during which he was assigned to the 73rd Engineer Combat Battalion, 19th Engineer Combat Group.

5.  The applicant's DD Form 214 further shows he completed 1 year, 11 months, and 8 days of creditable military service, 8 months and 1 day of which was foreign service.  
6.  On 24 May 1952, the applicant was awarded a certificate of training for satisfactorily completing the 7th Armored Division, Camp Roberts, California, Geneva Conventions Training.  This certificate of training lists the applicant's service number as "US xx xxx 886."

7.  On 30 March 1953, the applicant was issued a certificate of accomplishment in recognition of his outstanding performance.  This certificate of accomplishment lists the applicant's service number as "US xx xxx 886."

8.  On 12 June 1953, Headquarters, Camp Stoneman, California, published Special Orders Number 163, assigning the applicant to the Separation Center.  These orders list the applicant's service number as "US xx xxx 886."

9.  On 16 June 1953, Headquarters, 101st Airborne Division, Camp Breckinridge, Kentucky, published Special Orders Number 140, releasing the applicant from the Army and transferring him to the Reserve Component, effective 17 June 1953.  These orders list the applicant's service number as "US xx xxx 886."

10.  The applicant was honorably separated in the rank of corporal and transferred to the U.S. Army Reserve on 17 June 1953.  Item 2 (Service Number) of his DD Form 214 shows the entry "US xx xxx 885."

DISCUSSION AND CONCLUSIONS:

Upon his induction into the Army of the United States, the applicant was assigned a service number.  His record is void of the Record of Induction. However, the evidence of record shows that the majority of the applicant's military records show the number "6" instead of "5", in the last digit of his service number; therefore, in the interest of justice, the applicant is entitled to correction of his DD Form 214 to show the number "6" as the last digit of his service number. 

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry “US xx xxx 885" from Item 2 of the applicant’s DD Form 214, dated 17 June 1953, and replacing it with the entry “US xx xxx 886.”




							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080008406





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ABCMR Record of Proceedings (cont)                                         AR20080008406



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