IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020386 


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 (SN) as "RAx76xxxxx" instead of "RAx97xxxxx."

2.  The applicant states his SN is incorrect.

3.  The applicant provides:

* DD Form 214
* Letter Order 12-365634
* Letter Order 002 853 178
* DD Form 256A (Honorable Discharge Certificate)

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 records show he enlisted in the U.S. Army on 25 January 1963.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in item 2 (SN) the entry "RAx76xxxxx."

3.  On 19 January 1966, he was honorably released from service as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation.  Item 2 (SN) of his DD Form 214 contains the entry "RAx97xxxxx."  However, it appears the entry was lined through and corrected to show the SN as he requests.   

4.  Nearly every form in the applicant's record lists his SN as he requests.

5.  The applicant provides a copy of his DD Form 256A which also shows his SN as he requests.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SN as "RAx76xxxxx" instead of "RAx97xxxxx." was carefully considered and determined to have merit.

2.  The applicant's SN appears as "RAx76xxxxx" on his enlistment documentation as well as on nearly every form in his record.  As a result, it would be appropriate to correct his DD Form 214 to show his SN as shown on his          DD Form 4.









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 amending item 2 of his DD Form 214 to show his SN as it is shown on his        DD Form 4.




      ___________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)                                         AR20120020386





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ABCMR Record of Proceedings (cont)                                         AR20120020386



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