IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012228
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 military service number (SN) as "RA XX XXX XXX1" vice "RA XX XXX XXX."
2. The applicant states his SN is missing one number. He believes this to be a typographical error. A staff member at the Veterans Service Office (VSO) discovered the error in his SN when he went to the VSO to file for benefits. He request a copy of this record of proceedings be sent to VSO.
3. The applicant provides a letter from the VSO, dated 22 June 2012 and 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 enlisted in the Regular Army on 20 September 1961. His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his SN as "RA XX XXX XXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
3. His record contains a DA Form 41 (Record of Emergency Data), dated
10 January 1964. This form shows his as "RA XX XXX XXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
4. His record contains two DA Forms 24 (Service Record) both listing his SN as "RA XX XXX XXX."
5. His DA Form 20 (Enlisted Qualification Record) shows his SN as
"RA XX XXX XXX."
6. He was honorably released from active duty on 18 September 1964. His DD Form 214 shows his SN "RA XX XXX XXX." He authenticated this form by placing his signature in the appropriate block, indicating the information contained therein was correct.
7. All the forms and documents contained in his military record list his SN as "RA XX XXX XXX."
8. . 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. It establishes standardized policy for the preparation of the DD Form 214. 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 available evidence shows the applicant was assigned and used the SN "RA XX XXX XXX" upon enlistment in the Regular Army. He consistently used this SN throughout his military service. He authenticated documents, as required, by placing his signature in the appropriate blocks, indicating the information contained therein was correct. He did not use SN "RA XX XXX XXX1."
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understood that the applicant desires to now record his requested SN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20120012228
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012228
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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