IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020916
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the last two digits of his service number is 69 instead of 19.
2. The applicant states when he was originally issued his service number it ended with the last two digits 69; however, his DD Form 214 reflects the last two digits of 19.
3. The applicant provides copies of his DD Form 214 and a deployment order.
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 (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 6 April 1955 for a period of 3 years. He completed his training as an automotive repairman and continued to serve until he was honorably released from active duty (REFRAD) as an overseas returnee on 17 March 1958. He had served 2 years, 11 months and 12 days of active service and his DD Form 214 issued at the time of his REFRAD shows that his service number ends with the last two digits of 19.
4. A review of the available documents in his reconstructed records shows the same service number as is contained on his DD Form 214 and failed to reveal any documents containing a service number other than the one contained on his DD Form 214.
5. Army Regulation 635-5 (Separation Documents) in effect at the time, provided, in pertinent part, that the DD Form 214 would be prepared to reflect information that was verified from official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that his service number ended in the last two digits of 69 is not in doubt, he has failed to show through the evidence submitted with his application and the available evidence of record that such was the case.
2. Therefore, in the absence of such evidence, there appears to be no basis to grant his request to correct his service number on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130020916
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