IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110001405 


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 the Regular Army (RA) service number shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States) from RA XX-331-XXX to RA XX-311-XXX.

2.  He states the wrong service number was entered on his separation document and it may have been a typing error.

3.  He provides:

* DD Form 214
* picture of his dog tags
* letter from the National Personnel Records Center

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his Army records were lost or destroyed in that fire.  However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His available military records show he enlisted in the RA on 28 March 1949.  At the time of his entry in the RA he was assigned and further identified throughout his military service with a service number which began with the prefix "RA."

4.  He was honorably discharged on 1 October 1952.  Item 2 (Service Number) of his DD Form 214 shows his service number as RA XX-331-XXX.

5.  He provides a copy of his Army dog tags which show his service number as RA XX-311-XXX.  He also provides a copy of a letter from NPRC which lists his service number as "XX-331-XXX or XX-311-XXX."

DISCUSSION AND CONCLUSIONS:

The available evidence submitted by the applicant supports his contention that he was assigned the service number RA XX-311-XXX.  Based on the foregoing, he is entitled to correction to his DD Form 214 to show his military service number as RA XX-311-XXX.

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 amending item 2 of his DD Form 214 to show his service number as 
RA XX-311-XXX and providing him a corrected document including this change.



      _____________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)                                         AR20110001405



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001405



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1