BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100017307
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 his service number be corrected on his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 31 October 1969, 1 June 1966, and 1 June 1963.
2. The applicant states the third digit of his service number is "2" not "8."
3. The applicant provides copies of his DD Forms 214 for the periods ending 31 October 1969, 1 June 1966, and 1 June 1963 which show his service number as "RA XX 8XX XXX."
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 25 June 1948 for a period of 3 years. On 2 April 1951, he was honorably discharged for immediate reenlistment. Item 2 (Service Number) of his DD Form 214 for the period ending 2 April 1951 shows the service number "RA XX 2XX XXX."
3. The applicant reenlisted on 3 April 1951 for a period of 3 years. On 11 March 1954, he was honorably discharged. Item 2 of his DD Form 214 for the period ending 11 March 1954 shows the service number "RA XX 2XX XXX."
4. The applicant again enlisted on 2 June 1954 for a period of 3 years. On 1 June 1957, he was honorably discharged for immediate reenlistment. Item 2 of his DD Form 214 for the period ending 1 June 1957 shows the service number "RA XX 2XX XXX."
5. The applicant reenlisted on 2 June 1957 for a period of 6 years. On 1 June 1963, he was honorably discharged for immediate reenlistment. Item 2 of the DD Form 214 for the period ending 1 June 1963 contained in the applicant's service personnel records shows the service number "RA XX 2XX XXX."
6. The applicant reenlisted on 2 June 1963 for a period of 3 years. On 1 June 1966, he was honorably discharged for immediate reenlistment. Item 2 of the DD Form 214 for the period ending 1 June 1966 contained in the applicant's service personnel records shows the service number "RA XX 2XX XXX."
7. The applicant reenlisted on 2 June 1966 for a period of 3 years. On 1 June 1969, he was honorably discharged for immediate reenlistment. Item 2 of his DD Form 214 for the period ending 1 June 1966 shows the service number "RA XX 2XX XXX."
8. The applicant reenlisted on 2 June 1969 for a period of 3 years. On 31 October 1969, he retired in the rank of sergeant first class. Item 2 of his DD Form 214 for the period ending 1 June 1966 shows the service number "RA XX 8XX XXX."
9. All of the applicant's service personnel records show the service number "RA XX 2XX XXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's service number as "RA XX 2XX XXX." Therefore, it would be appropriate to correct item 2 of his DD Form 214 for the period ending 31 October 1969 to reflect this service number.
2. It appears the applicant's service number on his DD Forms 214 for the periods ending 1 June 1966 and 1 June 1963 has already been corrected as evidenced by the copies contained in his service personnel records and no further correction needs to be taken on these DD Forms 214. Copies of the DD Forms 214 with the applicant's correct service number will be provided to him.
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 the third digit of his service number in item 2 of his DD Form 214 for the period ending 31 October 1969 and replacing it with "2."
__________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) AR20100017307
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ABCMR Record of Proceedings (cont) AR20100017307
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