IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080011449
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 that he be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DD Form 215 (Correction to DD Form 214) to reflect his correct Service Number.
2. The applicant states that documents show his service number as both
ER -- --- 817 and RA -- --- 187.
3. The applicant does not provide any additional documents in support of his request.
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 applicants 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 applicants 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 show that he enlisted in the Regular Army on 30 January 1962. At that time, a DD Form 4 (Enlistment Record Armed Forces of the United States) was executed. Item 2 (Service Number) of that form has RA -- --- 817 entered, but has a hand-marked asterisk in the block and "187" handwritten above the 817. The left side of the form has an asterisk with "See DD Form 1343 [Notification of Change in Service Member's Official Records], 21 June 62" entered.
3. The applicant's records do not contain a DD Form 1343.
4. The applicant served as a heavy vehicle driver, was promoted to pay grade
E-4, and was honorably released from active duty on 22 January 1965. The DD Form 214 he was issued in Item 2 has RA -- --- 817 entered.
DISCUSSION AND CONCLUSIONS:
It is apparent from the handwritten entry made on the applicant's DD Form 4 that his correct Service Number was corrected to reflect RA -- --- 187 and it would now be appropriate to correct his Service Number on his DD Form 214.
BOARD VOTE:
___X____ ____X___ ___X___ 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 the DD Form 214 of the individual concerned, Item 2, Service Number be corrected to show "RA -- --- 187."
__________X____________
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) AR20080011449
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080011449
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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