IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022341
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 the fifth digit of his service number as "3" vice "4."
2. He states, in effect, a typographical error occurred when his service number was entered on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* a copy of his identification tags
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 enlisted in the Regular Army on 28 February 1966. His
DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the fifth digit of his service number as "3."
3. All of the official documents contained in his Army Military Human Resource Record (AMHRR) consistently show the fifth digit of his service number as "3" with the exception of the orders releasing him from active duty (REFRAD) which show the fifth digit as "4."
4. On 27 February 1969, he was honorably REFRAD. His DD Form 214 shows the fifth digit of his service number as "4."
5. He submitted a copy of his military identification tags which show the fifth digit of his service number as "3."
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation then in effect provided that the individual's service number and authorized prefix would be entered in Item 2.
DISCUSSION AND CONCLUSIONS:
1. The documents in the applicant's AMHRR consistently show he used a service number with the fifth digit as "3" except for his REFRAD orders.
2. It appears the service number on the applicant's REFRAD orders contained a typographical error and it resulted in the incorrect service number being entered on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show his service number as it is listed on his DD Form 4.
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 his DD Form 214 and entering the service number as it is listed on his DD Form 4.
_______ _ 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) AR20120022341
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022341
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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