IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011404 


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 lost time reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be removed. 

2.  The applicant states that the lost time reflected on his DD Form 214 is incorrect.  He goes on to state that he had a twin brother who served at the same time and who subsequently was discharged due to desertion.  He also states that there was a mix up or confusion between his and his brother’s Social Security Numbers as they were only one number apart from each other. 

3.  The applicant provides no additional documents with 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 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 and his twin brother were inducted in Albuquerque, New Mexico on 15 December 1966 and were assigned service numbers that were substantially different from each other.  They were transferred to Fort Bliss, Texas to undergo their basic training.

3.  The applicant’s records show that he went absent without leave (AWOL) from 2 January to 6 January 1967; however, the record is silent as to any punishment imposed for that offense. 

4.  The applicant was transferred to Fort Huachuca, Arizona to undergo his advanced individual training (AIT) as a supply clerk.  He was subsequently transferred to Fort Meade, Maryland.

5.  He again went AWOL on 22 January 1968 and remained absent in desertion until he was apprehended by civil authorities in Round Rock, Arizona on 1 March 1968 and was transferred to military authorities at Fort McArthur, California and then to Fort Ord, California.

6.  On 19 March 1968, the applicant was convicted pursuant to his plea by a summary court-martial of being AWOL from 22 January to 1 March 1968.  He was sentenced to confinement at hard labor for 1 month, a forfeiture of pay, and reduction to the pay grade of E-1.  However, the convening authority suspended his confinement at hard labor for 30 days unless sooner vacated.  The service number listed on the court-martial orders reflect the service number under which he was inducted.

7.  The applicant was transferred to Fort Hood, Texas on 30 April 1968 and on 24 May 1968 he again went AWOL and remained absent in desertion until he was apprehended by civil authorities in Window Rock, Arizona on 30 July 1968 and was again released to military control at Fort McArthur and then transferred to Fort Ord.

8.  On 14 August 1968, the applicant was convicted pursuant to his plea by a special court-martial of being AWOL from 24 May to 31 July 1968.  He was sentenced to confinement at hard labor for 2 months.  The service number listed on the court-martial orders reflect the service number under which he was inducted.

9.  On 14 October 1968, he was transferred to Vietnam for duty as a supply clerk in Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry Division.  He was advanced to the pay grade of E-4 on 27 December 1968 and he departed Vietnam on 13 May 1969 for Oakland Army Base, California where he was honorably released from active duty as an overseas returnee.  He had served 1 year, 11 months, and 22 days of total active service and had 157 days of lost time due to AWOL and confinement.

10.  In accordance with a directive from the Office of the Secretary of Defense, the Social Security Account Number (SSAN) replaced the Military Service Number effective 1 July 1969.

11.  A review of the applicant’s records failed to reveal any significant information pertaining to his twin brother after basic training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the lost time on his records should be removed because there was a mix-up with his twin brother’s SSAN has been noted and appears to lack merit.  The applicant’s record is silent in regard to his brother after completion of basic training.

2.  It is further noted that the SSAN was not being used as the primary method of identification until 1 July 1969, 2 months after his separation.

3.  The applicant was convicted by both a summary and a special court-martial and in both cases, the applicant pled guilty to the charges against him and the service number on both court-martial orders reflect the service number under which he was inducted.

4.  Therefore, in the absence of evidence to show that the lost time attributed to him was based on a case of mistaken identity, there appears to be no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________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)                                         AR20100011404





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ABCMR Record of Proceedings (cont)                                         AR20100011404



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