IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100016806
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service number (SN) as "US XX XXX 4XX" instead of "US XX XXX 5XX."
2. The applicant states his DD Form 214 contains an incorrect SN.
3. The applicant provides:
* DD Form 214
* DA Form 1811 (Physical and Mental Status on Release from Active Duty)
* DD Form 96 (Disposition Form)
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's records show he was inducted into the Army of the United States on 11 September 1961. Item 2 (Service Number) of his DD Form 47 (Induction Record) shows the entry "US XX XXX 4XX."
3. His Standard Form 88 (Report of Medical Examination) and Standard Form 93 (Report of Medical History) which were created when he underwent an induction physical examination on 11 September 1961 show his SN as "US XX XXX 4XX."
4. The administrative section of his DA Form 24 (Service Record) that was created upon his entry on active duty also shows his SN as "US XX XXX 4XX." Additionally, his service record contains various documents including a DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), several change of station orders, individual training record, chronological records of medical care, DA Form 1811, and DD Form 96, all reflecting his SN as "US XX XXX 4XX."
5. He was honorably released from active duty on 10 September 1963 and he was transferred to the U.S. Army Reserve for completion of his Reserve obligation. Item 2 of his DD Form 214 listed his SN as "US XX XXX 5XX" (the number "5" in the sixth digit).
6. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. Item 2 of the DD Form 214 in effect at the time listed the SN.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he was assigned the SN "US XX XXX 4XX" upon his induction and entry on active duty. This SN is consistent with several other documents throughout his military service. He was honorably released from active duty on 10 September 1963. The DD Form 214 he was issued incorrectly listed the sixth digit of his SN as "5" instead of "4." Therefore, he is entitled to correction of his DD Form 214 to show the correct SN.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting from item 2 of his DD Form 214 the entry "US XX XXX 5XX" and replacing it with the entry "US XX XXX 4XX."
_____________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) AR20100016806
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ABCMR Record of Proceedings (cont) AR20100016806
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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