IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015041
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 military service records to show his correct Service Number (SN) as Regular Army (RA) XX X3X XXX instead of
RA XX X2X XXX.
2. The applicant states the SN recorded on his Honorable Discharge Certificate is correct; however, the SN recorded on his DD Form 214 (Report of Separation from the Army Forces of the United States) is incorrect.
3. The applicant provides copies of the two discharge documents.
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 military service records are not available to the Board 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 available documents for the Board to conduct a fair and impartial review of this case.
3. The Military Personnel Records (MPR) Registry maintained by the National Archives and Records Administration (NARA) shows the applicant's name with SN "XX X3X XXX."
4. In support of his application the applicant provides the following documents:
a. His DD Form 214 that shows he enlisted in the RA on 12 March 1953, was honorably released from active duty on 9 March 1956, and transferred to the U.S. Army Reserve (USAR). It also shows in item 2 (SN):"RA XX X2X XXX."
b. Honorable Discharge Certificate that shows he was honorably discharged from the USAR and the Army of the United States on 28 February 1961. It also shows his SN as "RA XX X3X XXX."
5. Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It shows for item 2, verify accuracy with the SN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the NARA MPR and applicant's discharge certificate show his SN as "RA XX X3X XXX." However, his DD Form 214 shows his SN as "RA XX X2X XXX." Thus, it appears an administrative error resulted in an incorrect SN being recorded on the applicant's DD Form 214.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SN.
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 the current entry from item 2 of his DD Form 214 and replacing it with the Service Number (RA XX X3X XXX) that is associated with the applicant as shown on the Military Personnel Records Registry maintained by the National Archives and Records Administration.
_______ _ __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) AR20130014425
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ABCMR Record of Proceedings (cont) AR20130015041
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