IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003353
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 selective service number be added to his
DD Form 214 (Report of Separation from Active Duty).
2. The applicant states:
a. the Military Selective Service Act requires one to surrender their registration status card upon entering the U.S. Armed Forces; and
b. he lost his draft card prior to enlisting in the Army and only recently noticed the error.
3. The applicant provides a copy of his DD Form 214 and DD Form 4 (Enlistment Contract - Armed Forces of the United States).
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 applicant's military record contains the DD Form 4 prepared during his enlistment processing on 1 July 1975. Item 36 (Selective Service Number) contains the entry "50-18-55-610."
3. On 1 July 1975, the applicant enlisted in the New York Army National Guard (NYARNG) for 6 years. On 29 August 1975, he entered an active duty for training (ADT) status. He completed the training requirements and he was honorably released to his unit on 19 December 1975.
4. The DD Form 214 issued at that time shows he completed 3 months and
20 days of creditable active service. Item 8a (Selective Service Number) contains the entry "NA."
5. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states to enter the Selective Service Number in item 8a.
DISCUSSION AND CONCLUSIONS:
The available evidence confirms the Selective Service Number identified on the applicant's DD Form 4 at the time of enlistment in the NYARNG was omitted from his DD Form 214 when he was released from ADT. Therefore, item 8a of his
DD Form 214 should be corrected to show Selective Service Number
"50-18-55-610."
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:
a. deleting the entry in item 8a of his DD Form 214 and adding
"50-18-55-610"; and
b. issuing him a document to show the above correction.
___________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) AR20110003353
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ABCMR Record of Proceedings (cont) AR20110003353
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