IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018913
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last three numbers of his military service number (MSN) as 264.
2. The applicant states his DD Form 214 shows the last three numbers of his MSN as 024.
3. The applicant provides copies of:
* Special Orders Number 226, Fort Dix, New Jersey, dated 25 October 1966
* Unit Orders Number 22, Fort Benning, Georgia, dated 10 April 1967
* Unit Orders Number 45, Fort Benning, Georgia, dated 24 July 1967
* Special Orders Number 204, Fort Benning, Georgia, dated 20 September 1967
* Unit Orders Number 76, Fort Benning, Georgia, dated 12 December 1967
* Special Orders Number 249, Fort Benning, Georgia, dated 5 September 1968
* DD Form 214, effective 6 September 1968
* Letter Orders Number 08-1326775, U.S. Army Reserve Components Personnel and Administration Center, dated 23 August 1972
* DD Form 256A (Honorable Discharge Certificate) dated 8 September 1972
* Standard Form 180 (Location of Military Records), undated
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. A DD Form 47 (Record of Induction) dated 9 September 1966 indicates that the applicant was assigned an MSN with 264 as the last three numbers. He was found to be acceptable for military service and was ordered for induction into the Army of the United States (AUS) that same day.
3. A review of the applicants military records showed he had entered active duty and served until his honorable release from active duty on 6 September 1968. He used the MSN discussed above during his entire period of active duty service.
4. The applicant's DD Form 214 shows in Item 2 (Service Number) his MSN as ending in 024.
5. Army Regulation 635-5 (Separation Documents) as then in effect, required the MSN to be entered in Item 2 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the last three numbers of his MSN as 264.
2. The evidence of record clearly shows that the applicant was inducted into the AUS and issued a service number ending in 264. However, his MSN was incorrectly entered on his DD Form 214 as ending in 024.
3. In view of the above, it would be appropriate to correct the applicant's DD Form 214 to show his MSN as ending in 264.
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 showing in item 2 of his DD Form 214 the same military service number as is recorded on his DD Form 47.
___________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) AR20130002706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018913
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