IN THE CASE OF:
BOARD DATE: 24 SEPTEMBER 2009
DOCKET NUMBER: AR20090007947
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 the last three digits of his service number be corrected in item 2 (Service Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that the last three digits of his service number are 790, not 479.
3. The applicant provides a copy of his DD Form 214; a copy of his Armed Forces of the United States Identification card; a copy of his dog tag; and a letter, dated 27 April 2009, from the National Personnel Records Center in support of his application.
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 DD Form 47 (Record of Induction), dated 10 February 1964, shows the last three digits of his service number are 790. He was inducted into the Army of the United States on 10 February 1964. He served as a light weapons infantryman and was honorably released from active duty on 2 February 1966 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 2 of the applicant's DD Form 214 shows the last three digits of his service number are 479.
4. All of the applicant's service personnel records show the last three digits of his service number are 790.
5. In support of his claim, the applicant provided a copy of his Armed Forces of the United States Identification card and dog tag which show the last three digits of his service number are 790.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the last three digits of the applicants service number are 790. Therefore, it would be appropriate to correct item 2 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ _____X___ ____X____ 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 the last three digits of his service number from item 2 of his DD Form 214; and
b. adding the entry "790" as the last three digits to item 2 of his DD Form 214.
___________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) AR20090007947
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