RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060014920 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Service Number be corrected on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

2.  The applicant states, in effect, that his service number should read US-XX-XXX-289 not US-XX-XXX-284.  He noticed the error when he applied for Veterans benefits.  He states, in effect, that he called the Department of Veterans Affairs and they confirmed that US-XX-XXX-289 is correct.

3.  The applicant provides:

     a.  a copy of a DD form 214;

     b.  a copy of DA Form 668 (Pay Data Card) and DD Form 345 (Armed Forces Liberty Pass);

     c.  a copy of an Honorable Discharge Certificate; and

     d.  a copy of a Birth Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 January 1953.  The application submitted in this case is dated 1 October 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only records available to the Board were a copy of the applicant's Pay Data Card, Armed Forces Liberty Pass, Honorable Discharge Certificate, and Birth Certificate provided by the applicant.  The primary military personnel record available to this Board is a copy of a DD Form 214 submitted by the applicant.

4.  Item 3 (Service Number) of the applicant's DD Form 214 contains the entry US XX-XXX-284.

5.  The applicant's Pay Data Card and Armed Forces Liberty Pass shows that his Service Number is US XX-XXX-289.

6.  The Service Number was recorded as XX-XXX-289 on the applicant's Honorable Discharge Certificate from the Armed Forces of the United States upon termination of his Reserve obligation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his Service Number be corrected in item 3 of his DD Form 214.

2.  The evidence shows that his Service Number was correct on his Pay Data Card and Armed Forces Liberty Pass.

3.  Upon termination of the applicant's Reserve obligation, the Service Number was recorded as XX-XXX-289 on the Honorable Discharge Certificate.  Therefore, he is entitled to correction of his records to show XX-XXX-289 in  
item 3 of the applicant's DD Form 214.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 January 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
30 January 1956.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

____rtd__  ___mjf___  ___rml__  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an appropriate document to show the applicant’s service number as US XX-XXX-289.




__________Richard T. Dunbar_________
          CHAIRPERSON




INDEX

CASE ID
AR20060014920
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070503
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.