BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140011947 


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 records to show:

* his service number as US XX X48 XXX instead of US XX X84 XXX
* he was exposed to Agent Orange

2.  The applicant states:

* in 1964, the Army erroneously changed his service number
* he did not receive any compensation for his exposure to Agent Orange

3.  The applicant provides:

* a self-authored statement with a handwritten note
* medical record extracts
* DA Form 428 (Application for Identification Card)
* Department of Veterans Affairs (VA) medical record extract
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter from the Army Board for Correction of Military Records (ABCMR), dated 5 July 1988
* Congressional correspondence



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 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 was inducted into the Army of the United States on 13 December 1963.

3.  His DD Form 47 (Record of Induction) shows he was assigned service number US XX X48 XXX at the time of his induction.

4.  His service number is correctly shown as US XX X48 XXX on his DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record).

5.  His DA Form 428, dated 28 April 1964, shows the fourth and fifth digits of his service number were inadvertently transposed and listed as US XX X84 XXX.

6.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam during the period 23 September 1965 through 6 December 1965.

7.  Headquarters, U.S. Army Personnel Center, Special Orders Number 346, dated 12 December 1965, show his service number as US XX X84 XXX.

8.  His Standard Form 88 (Report of Medical Examination) and Standard 
Form 89 (Report of Medical History), dated 10 December 1965, show his service number as US XX X84 XXX in item 3 (Identification Number).

9.  On 12 December 1965, he was honorably released from active duty.  His DD Form 214 shows his service number as US XX X48 XXX.

10.  The applicant provided a self-authored letter and note stating his service number was changed and his service-connected claim shows his service number as US XX X84 XXX.  He also provided Congressional correspondence and extracts of personnel records and medical records that list his service number as US XX X84 XXX.

11.  His records contain a VA rating decision, dated 8 April 1983, that assigned him a combined non-service connected disability rating of 20 percent for the following:  skin condition, including dryness, acne, tinea pedis, and calluses – 10 percent; diabetes mellitus – 10 percent; arthritis and joint pains, if present – 0 percent; and eye problem, venereal disease spot, residuals of Agent Orange exposure, residuals of penicillin shots, tension headaches, nerve problem caused by built-up shoe, and urethral discharge – 0 percent.

12.  On 26 November 1986, the ABCMR denied the applicant's request for a medical discharge.

13.  A review of the available records show the fourth and fifth digits of his service number were transposed as US XX X84 XXX on several documents.

14.  His records are void of and he failed to provide evidence showing he was found unfit or diagnosed with a condition warranting referral to a medical evaluation board.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service.  The instructions stated to enter the individual's service number and authorized prefix.  It was important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his service number as US XX X48 XXX and his exposure to Agent Orange was carefully considered.

2.  Although the applicant's records contain documents that show the fourth and fifth digits of his service number were inadvertently transposed, this was a harmless administrative error.  His DD Form 214 correctly shows his service number, as it was assigned to him at his induction, as US XX X48 XXX.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits.  In addition, granting veterans' benefits is not within the purview of the ABCMR and any questions regarding eligibility for treatment and other benefits should be addressed to the VA.

4.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

5.  A copy of this decisional document will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the service number recorded in his military records and the service number shown on his DD Form 214.  Further, this should clarify any issues the applicant has with the VA regarding 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 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)                                         AR20140011947



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ABCMR Record of Proceedings (cont)                                         AR20140011947



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