IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100009683
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 the service number shown on his DA Form 1861 (Transcript of Military Record).
2. He states, in effect, his service number was mistyped on his DA Form 1861 as ending in 321 and it should be shown as ending in 231. It is important he has the correct data to use.
3. He provides copies of the following:
* His DA Form 1861
* His DD Form 214 (Report of Separation from the Armed Forces of the United States)
* His Certificate of Appointment
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 applicants 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 his Army 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 available military records show he served on active duty in the Army of the United States from 21 September 1948 through 20 September 1949. He enlisted in the U.S. Army Reserve on 21 September 1949a and was called to active duty on 16 October 1950. His DA Form 1861 shows his Service Number ends with 321.
4. He was honorably released from active duty on 21 November 1951 and transferred to the Enlisted Reserve Corps. Item 2 (Service Number) of his
DD Form 214 shows his service number ends with 231. He was appointed in the Army of the United States on 21 July 1953. The service number listed on his appointment certificate also ends with 231.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was assigned a Service Number that ends with 231. However, it appears when his DA Form 1861 was completed an error occurred and his service number is shown to end with 321. However, his DD Form 214 and 21 July 1953 appointment certificate correctly show his service number ends with "231."
2. Based on the foregoing it would be appropriate to issue him an appropriate document correcting is DA Form 1861 to show his military service with the correct service number.
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 issuing the applicant an appropriate document to correct his DA Form 1861 to show his military service with his correct service number ending with "231."
_______ _ 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) AR20100009683
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ABCMR Record of Proceedings (cont) AR20100009683
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