IN THE CASE OF:	 

		BOARD DATE:	    6 January 2011

		DOCKET NUMBER:  AR20100017294


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 item 19c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of entry, correction of his DA Form 24 (Service Record) to show his correct Social Security Number (SSN), and correction of his Standard Form (SF) 88 (Report of Medical Examination) to show "Mrs. Cxxxxxxx M. Rxxxxx, Mother, S/A."

2.  The applicant states, in effect, he was applying for benefits with the Department of Veterans Affairs (VA) when the errors were discovered.  The VA requested that he petition for a records correction before benefits could be granted. 

3.  The applicant provides:

* DD Form 214
* Extract copies of two separate DA Forms 24 showing inconsistent SSNs
* SF 88
* SF 89 (Report of Medical History)

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 enlisted in the Regular Army on 19 September 1958.  Records show he completed basic combat and advanced individual training and was awarded military occupational specialty 121.20 (Combat Engineer).  The highest rank/grade he attained while on active duty was specialist five/E5.  

3.  He was honorably released from active duty on 18 September 1961 and was transferred to the United States Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 3 years of active service during this period.  Item 19c shows he entered active duty on      19 September 1961. 

4.  He provides:

* extract copies of two separate DA Forms 24, each containing the same service number but different SSNs.  Both original documents are contained within his available record 
* SF 88, with item 14 containing the entry, "Mrs Mxxx Rxxxxx Mother S/A"  
* SF 89, with item 14 containing the entry, "Cxxxxxxx Mxxx Rxxxxx (Mother) RFD #1, Pxxxxxxxxx Dr. Nxxxxxxx, New York"

DISCUSSION AND CONCLUSIONS:

1.  Record shows he entered active duty on 19 September 1958; therefore, he is entitled to correction of his DD Form 214 to show this date. 

2.  With respect to his DA Form 24, this form is a manually edited record of a Soldier's personnel management qualifications in the form of data.  The DA Form 24 is not maintained or updated subsequent to a Soldier's separation from active duty.  Therefore, the applicant is not entitled to correction of his DA Form 24.  

3.  With respect to his SF 88, for historical purposes the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's Reports of Medical History and Medical Examination were correct at the time and there is insufficient evidence to grant him relief at this late date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting Item 19c of his DD Form 214 to show "19-Sep-58."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* correction of his SSN on his DA Form 24
* correction of his next of kin information on his SF 88



      _________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20100017294



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