IN THE CASE OF:
BOARD DATE: 29 September 2009
DOCKET NUMBER: AR20090006068
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 hazardous duty orders to show his correct social security number (SSN), his correct military occupational specialty (MOS), and his correct pay grade.
2. The applicant also requests, in effect, correction of his Airborne Course certificate of completion to show his correct SSN.
3. The applicant states that these entries are wrong and he needs them corrected to support his request for service-connection for a disability.
4. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), a copy of his Airborne Course certificate of completion, and a copy of his hazardous duty orders.
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 (RA) on 12 October 1972 in pay grade E-1. He was advanced to pay grade E-2 on 12 February 1972 and to pay grade E-3 on 29 March 1973. His enlistment documents, and all other documents in his record, except for the documents in question, show his SSN as xx9-4x-xx4x. He was awarded MOS 36K2P (field wireman) on 23 February 1973.
3. Headquarters, The School Brigade, U.S. Army Infantry School (USAIS), Fort Benning, GA, Special Orders Number 54, dated 20 March 1973, authorized the applicant to perform hazardous duty (parachuting). This order shows his SSN as xx8-x8-xx8x, his grade as "PFC" (pay grade E-3), and his MOS as 71B2P (clerk typist).
4. On 23 March 1973, the applicant was issued an Airborne Course certificate of completion which shows his SSN as xx8-8x-xx8x.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN was improperly recorded on his Airborne Course certificate of completion. As such, it would be appropriate to now correct that error.
2. The applicant's SSN was also improperly recorded on his hazardous duty orders. In addition, the applicant held MOS 36K2P and he held the pay grade of E-2 at the time the orders were published. Therefore, it would now be appropriate to correct his hazardous duty orders to reflect the information as it actually existed at the time.
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. issuing an appropriate document to show the applicant successfully completed the Airborne Course on 23 March 1973 under his correct SSN of
xx9-4x-xx4x; and
b. amending Special Orders Number 54, dated 20 March 1973, to show his SSN as xx9-4x-xx4x, his grade as PV2, and his MOS as 36K2P.
___________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) AR20090006068
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