IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100010190 


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 correct Service Number. 

2.  The applicant states his DD Form 214 incorrectly shows his Service Number as US ## ### 500.  It should show US ## ### 560.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and his military identification card. 

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's DD Form 47 (Record of Induction) shows the applicant's Service Number as US ## ### 560.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his Service Number was corrected to show US ## ### 560 (not clear when the correction was made or by whom).

4.  Item 2 (Service Number) of the applicant's DD Form 214 shows his Service Number as US ## ### 500.

5.  The expired military identification card that was provided by the applicant shows his Service Number as US ## ### 560.

6.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that the Service Number would be entered in Item 2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to show his correct Service Number. 

2.  The available evidence shows the applicant's Service Number was incorrectly entered on his DD Form 214; therefore, it should be corrected to show
US ## ### 560. 

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:

   a.   deleting the entry in Item 2 of his DD Form 214 and adding US ## ### 560; and 
   
   b.  providing him a document to show the above correction.




      _______ _ 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)                                         AR20100010190



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ABCMR Record of Proceedings (cont)                                         AR20100010190



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