BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090003797 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 
25 August 1966, to show his correct social security number (SSN) and blood group.

2.  The applicant states the SSN on his final DD Form 214 shows the SSN of
“253-##-####,” however, his SSN is “255-##-####.”  He also states this DD Form 214 shows Blood Group “O”; however, his Blood Group is “B” (positive).

3.  The applicant provides, in support of his application, copies of his Medicare Health Insurance Card and two DD Forms 214 with effective dates of 9 May 1963 and 25 August 1966.

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 enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 26 May 1960.

3.  A Standard Form 601 (Health Record - Immunization Record) shows, on
1 June 1960, the applicant's blood typing was verified by an Army medical officer as Blood Group “B.”

4.  The applicant's military personnel records are absent a DA Form 24 (Service Record).

5.  A DD Form 93 (Record of Emergency Data), dated 20 August 1960, shows the applicant verified that his SSN was “255-##-####.”

6.  The applicant's DD Form 214 that documents his initial period of active duty service shows he entered active duty on 26 May 1960 and he was honorably released from active duty, on 9 May 1963, based on early release of an overseas returnee, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.  Item 32 (Remarks) in pertinent part, contains the entry Blood Group “B” and the SSN of 
“255 ## ####.”

7.  The applicant's DD Form 214 that documents his final period of active duty service shows he entered active duty on 8 August 1963 and he was honorably discharged, on 25 August 1966, based on expiration of term of service.  
Item 32, in pertinent part, contains the entry Blood Group “O” and the SSAN of “253 ## ####.”

8.  In support of his application, the applicant provides, in pertinent part, a copy of his Medicare Health Insurance Card with an effective date of 1 April 2006 that shows his SSN is “255-##-####.”

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.  It provides:
   a.  The instructions for item 32 of the DD Form 214, in pertinent part, it states the blood group is entered from the Immunization Record (Standard Form 601), e.g., Blood Group “O.”

   b.  The instructions for item 32, in pertinent part, also states the Social Security Account Number is transcribed from the DA Form 24 in the following manner:  “SSN 000-00-0000.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his DD Form 214, issued on 25 August 1966, should be corrected to show his SSN is “255 ## ####” and his Blood Group is “B.”

2.  Records show the applicant enlisted in the RA on 26 May 1960 and his SSN and Blood Group were accurately recorded in his military service records as “255-##-####” and Blood Group “B,” respectively.  In addition, the applicant's DD Form 214 with an effective date of 9 May 1963 accurately shows his SSN and Blood Group.

3.  The applicant's DD Form 214 with an effective date of 25 August 1966 contains the entry Blood Group “O” and the SSN of 253 ## ####.”  Thus, the evidence of record clearly shows the Blood Group and SSN that were entered on this DD Form 214 are in error.  Therefore, it would be appropriate to correct the Blood Group and SSN on the applicant's 25 August 1966 DD Form 214 to reflect Blood Group “B” and the SSN of “255 ## ####.”

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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 32 of his 1966 DD Form 214 the entry Blood Group “O” and the SSAN of “253 ## ####”; and

	b.  adding to item 32 of his 1966 DD Form 214 the entry Blood Group “B” and the SSN of “255 ## ####.”



      _______ _   __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)                                         AR20090003797



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ABCMR Record of Proceedings (cont)                                         AR20090003797



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