IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110020501 


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 US xx x73 xx2 instead of US xx x91 xx4
* date of birth (DOB) as 11 November 1941 instead of 11 June 1941

2.  He states:

* his service number on his dog tags and all other records show his service number as US xx x73 xx2
* the only documents showing the incorrect service number are those that were processed at Fort Dix, NJ, dated 14 August 1965 and 26 October 1965

3.  He provides:

* his DD Form 214
* a photocopy of his "dog" tags
* orders showing his service number
* a DA Form 10-35 (Personal Clothing Request)
* his identification cards showing his service number


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 was inducted into the Army of the United States on 13 November 1963 under Special Orders Number 230, issued by the U.S. Army Recruiting Main Station, Columbus, OH.  These orders show his service number as xx x73 xx2.  These orders further assigned him to the U.S. Army Reception Station, Fort Jackson, SC for training.

3.  On 15 November 1963, the same orders issuing authority issued a letter indicating that duplicate service numbers were issued by that station during the period 7 to 14 November 1963.  As a result, so much of Special Orders
Number 230 pertaining to the applicant's service number as reads
US xx x73 xx2 was changed to read US xx x91 xx4.

4.  In a DA Form 1049 (Personnel Action), dated 27 November 1963, the Commanding General, Fort Jackson, notified the Commanding General, U.S. Army Training Center, Infantry, Fort Benning, GA that the service numbers of a list of Soldiers, including the applicant, were changed as indicated due to duplication.  This document indicates the applicant’s service number was changed from US xx x73 xx2 to US xx x91 xx4.

5.  His DD Form 47 (Record of Induction), dated 8 October 1963, shows his service number of xx x73 xx2 was lined through and replaced with the service number of xx x91 xx4.  This document also shows his DOB as 11 June 1941.

6.  He completed a DD Form 398 (Statement of Personal history), dated
31 December 1963, in which he indicated his DOB as 11 June 1941.  The remaining documents in his service record consistently reflect his DOB as
11 June 1941.  His service record does not contain any documents that show his DOB as 11 November 1941.


7.  His service record includes documents which show his service number as either xx x73 xx2 or xx x91 xx4.

8.  The applicant provided the following documents showing his service number as:

	a.  US xx x73 xx2:

* "dog" tags
* Immunization Certificate
* Special Orders Number 14, issued by Headquarters, Fort Gordon, dated 17 January 1964
* DD Form 345 (Armed Forces Liberty Pass), issued on 9 April 1964
* Standard Form 46 (U.S. Government Motor Vehicle Operators Identification Cards),  issued on 26 May 1964
* U.S. Army Projectionist Qualification Card, dated 11 September 1974
* DA Form 10-35
* DD Form 714 (Meal Card), issued on 22 March 1965

	b.  US xx x91 xx4:

* Special Orders Number 190, issued by Headquarters, Special Troops, Fort Dix, dated 14 August 1965
* General Orders Number 86, issued by the same headquarters, dated 26 October 1965

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his "dog" tags and all other records show his service number as US xx x73 xx2.  However, the evidence of record shows his service number was changed from US xx x73 xx2 to US xx x91 xx4 in November 1963 because he was among a group of Soldiers who received duplicate service numbers.

2.  The applicant also contends his DOB is 11 November 1941.  However, he did not provide any evidence to corroborate his claim and his service record consistently reflects his DOB as 11 June 1941.
3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20110020501



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ABCMR Record of Proceedings (cont)                                         AR20110020501



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