IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023882
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his Service Number in block 2 contains an 8 as the last digit.
2. The applicant states that his DD Form 214 incorrectly reflects that his Service Number contains a 9 as the last digit instead of an 8.
3. The applicant provides copies of two orders reflecting his Service Number containing an 8 as the last digit and a copy of his DD Form 214.
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 records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Detroit, Michigan on 17 July 1956 for a period of 3 years. He completed his training as a heavy artillery crewman and was transferred to Germany. He was promoted to the pay grade of E-5 on 30 June 1958.
4. On 3 June 1959 letter orders were published redeploying the applicant to the United States for separation. Those orders indicate that the last digit of his Service Number is an 8.
5. On 23 June 1959 orders were published at Fort Hamilton, New York directing the applicants release from active duty (REFRAD) as an early overseas returnee. Those orders reflect that the last digit of his Service Number is an 8.
6. On 24 June 1959 he was honorably REFRAD as an overseas returnee. He had served 2 years, 11 months and 8 days of active service and his DD Form 214 issued at the time of his REFRAD reflects in block 2 a Service Number ending with the last digit of 9.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that exists at the time the DD Form 214 is issued.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects his Service Number as containing a 9 as the last digit instead of an 8 has been noted and appears to have merit.
2. Although his records are not available for review, the applicant has provided two orders that clearly show that the last digit of his Service Number is an 8.
3. Accordingly, his DD Form 214 should be corrected to show that the last digit of his Service Number is an 8 instead of a 9.
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 showing his Service Number in block 2 of his DD Form 214 as shown on his Special Orders number 174 dated 23 June 1959.
_______ _ _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) AR20110023882
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ABCMR Record of Proceedings (cont) AR20110023882
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