IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005308
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 the Service Number (SN) listed in item 2 (Service Number) of his 27 July 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the SN listed on his last DD Form 214 was incorrect. He claims he had already been issued two previous DD Forms 214 with the correct SN.
3. The applicant provides no additional documentary evidence in support of 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 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 applicants record shows he initially enlisted in the Regular Army on
19 May 1964. The DD Form 4 (Enlisted Record-Armed Forces of the United States) commonly referred to as the enlistment contract lists the SN in item 2 (Service Number) using the number 2 as the sixth digit of the numeric portion of the SN.
3. On 13 July 1965, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD form 214 he was issued at the time lists the SN in item 2 using the number 2 as the sixth digit of the numeric portion of the SN.
4. On 14 July 1965, the applicant reenlisted for 4 years. The DD Form 4 prepared for this reenlistment lists the SN in item 2 using the number 2 as the sixth digit of the numeric portion of the SN.
5. On 27 July 1969, the applicant was again honorably discharged for the purpose of immediate reenlistment. The DD form 214 he was issued at the time lists the SN in item 2 using the number 2 as the sixth digit of the numeric portion of the SN.
6. On 30 July 1969, the applicant reenlisted for 3 years. His DA Form 20 (Enlisted Qualification Record) lists his SN using the number 2 as the sixth digit of the numeric portion of the SN.
7. The DD Form 214 issued to the applicant upon his final separation on 27 July 1972, lists his SN using the number 3 as the sixth digit of the numeric portion of the SN in item 2.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SN listed in item 2 of his final 27 July 1972 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant enlisted in and served under the SN containing the number 2 as the sixth digit of the numeric portion of the SN as he asserts, as evidenced by the DD Forms 4 prepared for each of his enlistments/reenlistments, his DA Form 20, and DD Forms 214 issued to him on 13 July 1965 and 29 July 1969.
3. The evidence of record shows clearly the SN entry on the applicant's 27 July 1972 DD Form 214 containing the number "3" as the sixth digit of the numeric portion of the SN was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his 27 July 1972 DD Form 214 by replacing the sixth digit of the numeric portion of the SN listed in item 2 with the number 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) AR20110005308
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ABCMR Record of Proceedings (cont) AR20110005308
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