IN THE CASE OF:	  

		BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090016901 


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 service number on his DD Form 214 (Report of Transfer or Discharge) be corrected.

2.  The applicant states his service number should be xx xxx 901 not xx xxx 991.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 19 February 1965 under the service number xx xxx 901.  He completed training and was awarded military occupational specialty 71L (Administrative Specialist).  
3.  The applicant was honorably released from active duty on 16 February 1968 having served 2 years, 11 months, and 28 days of active service with no lost time.  The DD Form 214 shows his service number as xx xxx 991.  

4.  With the exception of his DD Form 214, all of his available records show his service number as xx xxx 901.

5.  Additionally, the number 2 copy of the applicant's DD Form 214 in the Official Military Personnel File contains a pen and ink change that shows his service number was changed from xx xxx 991 to xx xxx 901.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his service number should be xx xxx 901 not xx xxx 991.

2.  At no time did the applicant serve under the service number xx xxx 991.  Therefore, this entry on the DD Form 214 is an obvious typographical error that should be corrected at this time.

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 deleting the current entry on the DD Form 214 in Item 2 (service number) and adding service number xx xxx 901.



____________ _  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)                                         AR20090016901



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ABCMR Record of Proceedings (cont)                                         AR20090016901



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