BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130012561
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, in effect, correction of his military records to show:
a. he was honorably discharged from the U.S. Army Reserve (USAR) after serving 2 years of active duty;
b. he was honorably discharged from the USAR and Army National Guard (ARNG) after serving 5 years; and
c. his service number as "0x 7xx 4xx."
2. The applicant states:
* his records indicate he should be eligible for veterans burial benefits
* he wants his records to indicate his correct military service
* he needs his service number corrected to facilitate his burial request in a National cemetery
* he has always had the same service number, but when he went to the National cemetery in Riverside they said his numbers did not match
3. The applicant provides:
* two applications
* USAR discharge orders, dated 28 October 1968
* Honorable Discharge Certificate, dated 26 October 1968
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 3 February 1961, shows his service number as "0x 7xx 4xx." He was appointed as a second lieutenant in the USAR on 4 June 1961. He was ordered to active duty on 24 September 1961. He served as an infantry unit commander and he was honorably released from active duty (REFRAD) on 23 September 1963 and transferred to the USAR Control Group (Annual Training).
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows:
* his service number as "0x 7xx 4xx"
* he completed 2 years of creditable active service
* had 3 months and 20 days of other service (USAR service from 4 June 1961 to 23 September 1961)
4. On 4 January 1964, he was transferred from the USAR and appointed as a first lieutenant in the ARNG. He was discharged from the ARNG on
27 September 1965 and transferred to the USAR.
5. Discharge orders, dated 28 October 1968, show:
* his service number as "0x 7xx 4xx"
* he was honorably discharged from the USAR effective 26 October 1968.
6. All of his service personnel records show his service number as "0x 7xx 4xx."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his military records to show he was honorably discharged from the USAR after serving 2 years of active duty was noted. However, his DD Form 214 shows he was honorably REFRAD after completing 2 years of creditable active service. Therefore, there is no basis for granting this request. A copy of the DD Form 214 will be provided to the applicant.
2. His request to correct his military records to show he was honorably discharged from the USAR and ARNG after serving 5 years was also noted. However, evidence shows he completed over 5 years of service in the USAR and ARNG. Therefore, there is no basis for granting this request.
3. Although he implies his service number is incorrect, evidence shows service number "0x 7xx 4xx" was used when he was appointed in the USAR in 1961 and when he was discharged from the USAR in 1968. Therefore, there is insufficient evidence on which to base amending his service number.
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) AR20130012561
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012561
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020892
Application for correction of military records (with supporting documents provided, if any). 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. The evidence of record shows SSN 6xx-3x-0xxx was used at the time of the applicant's enlistment in the Regular Army in 1965 and his release from...
ARMY | BCMR | CY2009 | 20090009203
Application for correction of military records (with supporting documents provided, if any). Item 19 (Current Active Service Other than by Induction) of the applicant's DD Form 214 shows in 19a (Source of Entry) he was ordered to ACDUTRA. Therefore, items 19a and 32 of his DD Form 214 dated 11 April 1961 correctly show that he entered active duty for training during this period of service.
ARMY | BCMR | CY2011 | 20110003622
The applicant requests correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show "4xx-9x-4xxx" instead of "4xx-0x-7xxx." His DD Form 398 (Statement of Personal History), dated 21 January 1975, shows the entry "9xx-0x-7xxx" in the SSN section. __________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.
ARMY | BCMR | CY2014 | 20140018487
Application for correction of military records (with supporting documents provided, if any). The applicant completed a DD Form 398 (Statement of Personal History) on 11 January 1966, wherein he listed his SSN as "4XX-XX-XXXX." _______ _ 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.
ARMY | BCMR | CY2011 | 20110008147
The applicant requests correction of his DD Form 214 (Report of Separation from Active duty) for the period ending 20 April 1979 and all of his service personnel records to show his correct social security number (SSN). Although it appears the applicantÂ’s SSN might have been 3XX-5X-7XXX at that time (although the Social Security Administration verification statement does not confirm this), he appropriately served in the Army and was discharged under SSN 4XX-0X-1XXX. This Record of is...
ARMY | BCMR | CY2010 | 20100030147
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 4xx-7x-8xxx instead of 9xx-0x-2xxx. There is no evidence of record and he did not provide any evidence that shows he presented his Social Security card to update his record at any time during his active duty service. ABCMR Record of Proceedings (cont) AR20100030147 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2014 | 20140019824
His DD Form 214 incorrectly shows his service number as "RAXX-XXX-7XX" and his ID card correctly shows his service number as "ERXX-XXX-4XX." The applicant's request for correction of his DD Form 214 to show his service number as "ERXX-XXX-4XX" instead of "RAXX-XXX-7XX" was carefully considered. Given the lack of records or other verifiable evidence in this case, there is no way to determine if the numeric portion of his service number is correctly listed on either his DD Form 214 or his ID card.
ARMY | BCMR | CY2010 | 20100013123
ARMY | BCMR | CY2006 | 20060000322C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He states that having retired as a lieutenant colonel with over 20 years of Reserve military service and receiving military retirement pay, he desires to obtain a completed DD Form 214 that reflect his character of service as honorable. He had completed 12 days of net active service and he was furnished a DD Form 214 that reflects his release from active duty.
ARMY | BCMR | CY2006 | 20060011684
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that his orders assigning him to Fort Bragg, North Carolina in April 1958 did not specify ACDUTRA (active duty for training) assignment. The extract also shows the effective date of ACDUTRA and the date Released from ACDUTRA (RFA) as 11 January 1958 to 10 July 1958.