BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120020122
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 (Report of Transfer or Discharge) to show his service number as US xx x4x xxx instead of
US xx x5x xxx.
2. The applicant states one number is wrong and needs to be corrected.
3. The applicant provides:
* DD Form 214
* DA Form 137 (Installation Clearance Record)
* Letter to him from Headquarters, XIX U.S. Army Corps, Fort Chaffee, AR, subject: Notice of Cancellation of Selection, dated 22 July 1965
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 record contains a DD Form 47 (Record of Induction) that shows he was inducted into the Army of the United States on 6 August 1963. This form also shows he was assigned the service number of USxxx4xxxx.
3. Review of his record shows this was the only service number used throughout his active duty service.
4. On 18 July 1964, he was honorably released from active duty by reason of hardship and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. Item 2 (Service Number) of the DD Form 214 he was issued at the time shows his service number as US xx x5x xxx.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated for item 2, enter the individual's service number and authorized prefix, i.e.:
US: Conscripted (inducted) enlisted personnel; ER: Enlisted members of the Army Reserve; and RA: Regular Army enlisted personnel.
DISCUSSION AND CONCLUSIONS:
At the time of the applicant's induction into the Army of the United States, he was assigned the service number of US xx x4x-xxx. However, it appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his service number being reflected as US xxx x5x xxx. Therefore, it would be appropriate at this time to correct his DD Form 214 as recommended below.
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 deleting from item 2 of his DD Form 214 the current entry and replacing it with the service number as shown on his DD Form 47.
_________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) AR20120020122
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ABCMR Record of Proceedings (cont) AR20120020122
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