ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20170015720 APPLICANT REQUESTS: correction of his service number on the following documents and correction of statements of a line of duty investigation on DA Form 2820 (Statement of Accused Suspect Person). His correct service number is USXXXXXXXX. * DA Form 2173,(Statement of Medical Examination and Duty Status), dated 3 September 1968 (Incorrect Service Number) * Special orders number 160, dated 9 Sep 1968 (Incorrect Service Number) * DA Form 2820, dated 13 September 1968 (Incorrect Statement) * DA Form 2820, dated 16 September 1968 (Incorrect Statement * Line of duty memorandum, dated 4 October 1968 (Incorrect Service Number) * Line of duty memorandum, dated 9 October 1968 (Incorrect Service Number) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2173 dated 3 September 1968 * Special orders number 160, dated 9 Sep 1968 * DA Form 2820, dated 13 September 1968 * DA Form 2820, dated 16 September 1968 * Line of duty memorandum, dated 4 October 1968 * Line of duty memorandum, dated 9 October 1968 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that the listed documents have incorrect information on them and he would like them corrected in his military records: His correct service number is USXXXXXXXX. The applicant provides the contested documents. 1. 3. A review of the applicant’s service record shows the following: a. He was inducted in the Army of the United States on 13 December 1967. His DD Form 47 (Record of Induction) shows in item 2 (Service number) USXXXXXXXX. b. Special orders number 242, dated 13 December 1967, shows the applicant’s service number as USXXXXXXXX. c. His DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name, Service Number) as USXXXXXXXX. d. DA Form 2173, dated 3 September 1968, shows the applicant’s service number as US5XX086XX. e. Line of duty memorandum, dated 9 September 1968, shows the applicant’s service number of USXXXXXXXX. f. DA Form 2820, dated 13 September 1968, is the applicant’s recorded statement concerning his injury that occurred in the line of duty. The applicant indicates that his statement needs to be corrected to say that a Mr. De_S was at his side and that this report failed to say the right side. g. DA Form 2820, dated 16 September 1968, is a recorded statement made by a witness to the applicant’s injury that occurred in the line of duty. The applicant indicates that this statement is not true. The applicant does not identify which information in the statement is not correct. h. Line of duty memorandum, dated 4 October 1968, shows the applicant’s service number as USXXXXXXXX. i. Line of duty memorandum, dated 9 October 1968, shows the applicant’s service number as USXXXXXXXX. j. DA Form 8-118 (Medical Board Proceedings), dated 22 October 1968, shows in item 3 (Service Number) USXXXXXXXX. k. DA Form 1361 (Recommended Finding of Physical Evaluation Board), dated 4 December 1968, shows service number USXXXXXXXX. l. DA Form 2496-1 (Disposition Form), dated 5 December 1968, shows the applicant’s service number as USXXXXXXXXX. m. Special orders number 271, dated 6 December 1968, shows the applicant’s service number as USXXXXXXXX. a. n. He was retired from active duty on 13 January 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 2 (Service Number) USXXXXXXXX. It also shows that he completed 1 year, 1 month, and 1 day of active duty service. 4. AR 635-5 (Personnel Separations – Separation Documents) section II, paragraph 14 in effect at the time, states that a. On the line provided under the words, "This is to certify that," enter the individual's name, typed in capital letters in signature order, followed by his service number, grade, and basic branch. b. Typographical errors in words and abbreviations only may be corrected by erasure and overtype, provided corrections are neat and legible and do not penetrate or smear the form. Corrections will be initialed on all copies by the authenticating officer. The form will be redone in all other instances of error. 5. AR 635-40 (Disability Evaluation for Retention, Retirement or Separation) paragraph 4-25 currently in effect, states that USAPDA (U.S. Army Physical Disability Agency) may take one or more of the following actions: (1) Approve the PEB finding and recommendations for the SECARMY, except where approval is reserved for higher authority. (2) Make administrative changes or corrections. An administrative change is one that does not— (a) Change the disability disposition. (b) Change a finding of unfit to fit for any condition adjudicated. (c) Change any VA ratings. (d) Change or delete a diagnosis or condition, to include any of multiple conditions that correspond to a specified DA Form 199 VASRD diagnostic code number. (e) Vacate or substantively modify a favorable administrative determination. (3) Return the case to the PEB for reconsideration, clarification, further investigation, a formal hearing, return of the case to the MTF, or other action when the case records show such action is in the best interests of the Soldier and/or the Army. The USAPDA will prepare a detailed explanation for the reasons for return of the case to the PEB. 6. AR 635-40 (Physical Evaluation for Retention (PEB), Retirement, or Separation) in effect at the time, states that when it is determined that a case will be presented to the PEB, the recorder will notify the U.S. Army Physical Review Council by airmail that a case is pending on the member. The early notification will include Name; Grade; 1. Service Number, and Duty status, e.g., Active' Duty, TDRL, Reserve~ not on active duty, etc. 7. AR 15-185 (Army Board for Corrections of Military Records) The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Board members found sufficient evidence to support a grant in that the Service Number may have been transposed. The Induction Record shows the correct Number. The DD Form 214 also shows the correct number (with 286). The medical records being contested show an incorrect number. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 the below documents, as needed, to show a Service Number similar to that shown on his Induction Record and DD Form 214: * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 3 September 1968 * Special orders number 160, dated 9 Sep 1968 * DA Form 2820, dated 13 September 1968 and 16 September 1968 * Line of duty memorandum, dated 4 October and 9 October 1968 11/12/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Personnel Separations – Separation Documents) section II, paragraph 14 in effect at the time, states that on the line provided under the words, "This is to certify that," enter the individual's name, typed in capital letters in signature order, followed by his service number, grade, and basic branch. Typographical errors in words and abbreviations only may be corrected by erasure and overtype, provided corrections are neat and legible and do not penetrate or smear the form. Corrections will be initialed on all copies by the authenticating officer. The form will be redone in all other instances of error. 3. AR 635-40 (Disability Evaluation for Retention, Retirement or Separation) paragraph 4-25 currently in effect, states that USAPDA (U.S. Army Physical Disability Agency) may take one or more of the following actions: 1. (1) Approve the PEB finding and recommendations for the SECARMY, except where approval is reserved for higher authority. (2) Make administrative changes or corrections. An administrative change is one that does not (a) Change the disability disposition; (b) Change a finding of unfit to fit for any condition adjudicated; (c) Change any VA ratings; (d) Change or delete a diagnosis or condition, to include any of multiple conditions that correspond to a specified DA Form 199 VASRD diagnostic code number; or Vacate or substantively modify a favorable administrative determination. (3) Return the case to the PEB for reconsideration, clarification, further investigation, a formal hearing, return of the case to the MTF, or other action when the case records show such action is in the best interests of the Soldier and/or the Army. The USAPDA will prepare a detailed explanation for the reasons for return of the case to the PEB. 4. AR 635-40 (Physical Evaluation for Retention (PEB), Retirement, or Separation) in effect at the time, states that when it is determined that a case will be presented to the PEB, the recorder will notify the U.S. Army Physical Review Council by airmail that a case is pending on the member. The early notification will include Name; Grade; Service Number; Duty status, e.g., Active' Duty, TDRL, Reserve~ not on active duty, etc. 5. AR 15-185 (Army Board for Corrections of Military Records) The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. NOTHING FOLLOWS