BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110020353
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 (SN) as "xx xx2 xxx" instead of "xx xx3 xxx."
2. The applicant states, in effect, the service number is wrong and he wants it corrected for burial in a National cemetery.
3. The applicant provides:
* DD Form 214
* three photo copies of his dog tags
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 enlisted in the Regular Army on 1 October 1963. He completed training and was awarded military occupational specialties 11B (Light Weapons Infantryman) and 11D (Armor Intelligence Specialist). The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, shows his SN as "xx xx2 xxx."
4. The SN "xx xx2 xxx" appears consistently throughout the applicant's military personnel records. The SN "xx xx3 xxx" does not appear on any official records except his DD Form 214.
5. He was honorably released from active duty on 10 October 1966 and transferred to the U.S. Army Reserve. Item 2 (Service Number) of his DD Form 214 shows SN "xx xx3 xxx."
6. He provides copies of his dog tags which show his SN as "xx xx2 xxx."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his service number on his DD Form 214 was carefully considered and determined to have merit.
2. It appears his DD Form 214 contains a typographical error which shows the number "3" as the fifth digit of his SN. He consistently used the SN with the number "2" as the fifth digit throughout his military service. Therefore, he is entitled to correction of his DD Form 214 to show the number "2" as the fifth digit of his SN.
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 DD Form 214 to show the number "2" as the fifth digit in his service number as shown on his DA Form 20.
_______ _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) AR20110020353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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