IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130011832
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 service number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his service number is shown as 23XXXXXX and should be 52XXXXXX.
3. The applicant provides copies of his DD Form 214, DA Form 1811 (Physical and Mental Status on Release from Active Service), and dog 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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that 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. On 27 March 1956, the applicant was inducted into the Army of the United States.
4. The applicant's available records consistently show his service number as 52XXXXXX throughout his military service.
5. There is no evidence the service number 23XXXXXX was ever used during his military service.
6. On 4 February 1958, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 2 (Service Number) of his DD Form 214 shows the entry "23XXXXXX."
7. He provided copies of his DA Form 1881 and dog tags which show his service number as 52XXXXXX.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's service number on his DD Form 214. It would be appropriate to correct this error at this time.
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 amending his DD Form 214 to show the service number as shown on his DA Form 1881.
____________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) AR20130011832
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ABCMR Record of Proceedings (cont) AR20130011832
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