IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013143
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 as "USXXXXX798" instead of "USXXXXX293."
2. He states his service number should be shown as "USXXXXX798."
3. He provides:
* his DD Form 214
* his U.S. Armed Forces Institute-Japan General Educational Development (GED) Certificate
* three envelopes addressed to him postmarked in 1960
* A Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration
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. His record contains a DD Form 47 (Record of Induction) which shows his service number as "USXXXXX798" at the time of his induction into the Army of the United States. A review of the remaining documents contained in his military personnel record shows his service number consistently appears as "USXXXXX798" throughout his tenure of service.
3. The DD Form 214 issued to the applicant at the time of his separation shows his service number as "USXXXXX293."
4. He provides the following documents which all show his service number as "USXXXXX798":
* his DD Form 214
* HIS GED Certificate
* three envelopes addressed to him postmarked in 1960
* a Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes the standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the complete name and service number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service number as "USXXXXX798" was carefully considered and determined to have merit.
2. His service number consistently appears as "USXXXXX798" in his military personnel record. As such, the service number on the DD Form 214 issued to the applicant at the time of his separation was clearly erroneous. Therefore, he is entitled to correction of this document to show his service number as "USXXXXX798."
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 by corrected by deleting the current entry from item 2 (Service Number) of his DD Form 214 and replacing it with the service number shown on his DD Form 47.
_______ _ 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) AR20110013143
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ABCMR Record of Proceedings (cont) AR20110013143
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