BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120006594
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 to Item 2 (Service Number) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his dog tags show his service number as xx-527-xxx and his DD Form 214 shows it as xx-537-xxx. Army administrative staff entered an incorrect number either on his DD Form 214 or on his dog tags. He only noticed the error when he was planning to attend the Vietnam Veterans Welcome Home event on 21 March 2012.
3. The applicant provides 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 applicants military record shows he was inducted into the Army of the United States, in pay grade E-1, on 25 September 1967. At the time of his induction, he was assigned and identified by a service number which began with the prefix US for United States.
3. His record contains the following documents:
* DD Form 47 (Record of Induction) which shows his service number as USxx-527-xxx
* DA Form 20 (Enlisted Qualification Record) which shows his service number as USxx-527-xxx
4. On 24 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), in pay grade E-5. He was credited with completing 2 years of active service and he had no recorded lost time. Item 2 of his DD Form 214 lists his service number as USxx-537-xxx.
DISCUSSION AND CONCLUSIONS:
The two documents contained in his available military personnel record show his service number as USxx-527-xxx. These documents are accepted as sufficient evidence to correct his DD Form 214 to show his service number as USxx-527-xxx.
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 be corrected by
deleting the current service number entry from the applicant's DD Form 214 and replacing it with the service number of USxx-527-xxx.
_______ _ 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.
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