IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023204 


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 his service number as "US 52 XXX XXX" instead of "US 53 XXX XXX."  On 22 March 2011, he amended his application to request that his records be corrected to show his service number as "US 53 XXX XXX" consistently.

2.  He states he has his original dog [identification] tags to verify it's actually "US 52 XXX XXX" and his DD Form 214 needs to reflect the correct service number.

3.  He provides:

* DD Form 214
* identification tags
* letter and a first endorsement
* certificate from the U.S. Army-Alaska (USARAL) Noncommissioned Officer (NCO) Academy

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 was inducted into the Army of the United States on 2 March 1965.

3.  A review of the documents contained in his military personnel records show his service number as both "US 52 XXX XXX" and "US 53 XXX XXX" on several documents throughout his tenure of service, such as the following:

* DD Form 47 (Record of Induction) – "US 53 XXX XXX"
* Standard Form 88 (Report of Medical Examination) – "US 52 XXX XXX"
* Special Orders Number 45, dated 2 March 1965 (induction orders) – "US 52 XXX XXX"
* DA Form 41 (Record of Emergency Data) – "US 52 XXX XXX"
* DA Form 20 (Enlisted Qualification Record) – "US 53 XXX XXX"

4.  He was released from active duty on 17 February 1967.  Item 2 (Service Number) of his DD Form 214 shows his service number as "US 53 XXX XXX."

5.  He provided the following which show his service number as "US 52 XXX XXX":

* identification tags
* endorsement, dated 7 November 1966
* letter of commendation, dated 28 October 1966
* certificate for completion of the USARAL NCO Academy from 3 October 1966 to 28 October 1966

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 needs to reflect the correct service number was carefully considered.

2.  The DD Form 47 is generally the source document which depicts a Soldier's service number at the time of induction.  His DD Form 47, dated 2 March 1965, shows his service number as "US 53 XXX XXX."

3.  Apparently, a clerical mistake resulted in his service number being entered as "US 52 XXX XXX" at some point in time and this error was perpetuated throughout his military personnel record.  The service number entered on his DD Form 214 was based on his DD Form 47.

4.  The evidence clearly shows his service number is erroneously shown as "US 52 XXX XXX" on numerous documents contained in his military personnel record.  Therefore, he is entitled to issuance of an appropriate document showing his service number should appear as "US 53 XXX XXX" on all documents pertaining to his military service.

BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 issuing him an appropriate document showing his service number should appear as "US 53 XXX XXX" on all documents pertaining to his military service.



      _________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)                                         AR20100023204



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ABCMR Record of Proceedings (cont)                                         AR20100023204



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