RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR2004106500


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Transfer or
Discharge) be corrected to reflect his induction date of 10 May 1971 and to
correct his social security number (SSN).

2.  He states, in effect, that his induction date should be 10 May 1971,
and the fourth digit of his SSN should be the number "5."

3.  The applicant provides a copy of an uniformed services identification
card and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 December 1971.  The application submitted in this case
is dated 22 March 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The DD Form 214 that the applicant submits with his request shows that
he was inducted into the Army on 27 May 1971, that he served in Vietnam for
          10 months and 25 days, from 28 October 1970 to 22 September 1971,
and that he was released from active duty on 23 December 1971.  That form
also shows that he had 1 year, 6 months, and 27 days of service, and that
the terminal date of his military service obligation was 26 May 1976.  That
form also shows that the fourth digit of his typed SSN contained a pen and
ink correction, the digit indicating what the applicant states is the
correct number.

4.  The applicant's OMPF (official military personnel file) contains, with
two exceptions, only those documents prepared subsequent to his release
from active duty, that is, his records as a Reserve component Soldier.  The
two exceptions are a copy of the above-mentioned DD Form 214, and a copy of
a like DD Form 214, which however, shows his induction date as 27 May 1970.

5.  On 4 March 1977 the applicant enlisted in the Army Reserve for 1 year.
His enlistment document shows that he had a total of 1 year, 6 months, and
27 days of total active military service and 4 years, 5 months, and 3 days
of total inactive military service.  His SSN reflects what he states is his
correct SSN.

6.  The applicant continued his service in the Army Reserve.  His OMPF
contains four other enlistment documents, all showing 1 year, 6 months, and
27 days of total active military service.  His SSN on those documents and
numerous other documents contained in his OMPF are consistent and in
agreement with what he states is his correct SSN.

7.  The applicant's chronological statement of retirement points, dated 8
June 1992, show that his military service began on 27 May 1970 and that he
was released from active duty on 23 December 1971.  His personnel
qualification record shows that his initial entry into the military was in
May 1970.

8.  On 1 June 1996 the applicant was involuntarily reassigned from the
selected Reserve because of reorganization and assigned to the Retired
Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 that the applicant submits with his request is
obviously incorrect.  He served in Vietnam for almost 11 months.  Documents
are consistent showing that he had 1 year, 6 months, and 27 days of active
federal service.  He had a 6-year military service obligation which ended
on 26 May 1976.  Notwithstanding the applicant's contention, perhaps an
inadvertent statement on his part, his induction date was not 10 May 1971,
but 27 May 1970, as indicated in the one DD Form 214 contained in his OMPF.


2.  The preponderance of evidence shows that the applicant's SSN is correct
as he so states.  It cannot be determined whether or not the applicable
digit was corrected by pen and ink at the time of the preparation of the DD
Form 214 or at some later date, in view of the fact that the copies of that
form available are reproduced copies.  Nonetheless, to avoid any future
confusion in this regard, his SSN number on his DD Form 214 should be
corrected as the applicant so indicates, with the 4th digit being "5," the
remainder of the number being correct.

3.  Furthermore, and again to avoid any future confusion, and
notwithstanding there is a DD Form 214 contained in the applicant's OMPF
showing his correct induction date, a DD Form 215 (correction to a DD Form
214) should be prepared showing his induction date on his 23 December 1971
DD Form 214 as 27 May 1970.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__FE ___  ___RD __  __YM ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by issuing a DD Form 215
showing the applicant's induction date on his 23 December 1971 DD Form 214
as 27 May 1970, and by correcting his SSN number to show that the 4th digit
is "5," the remainder of the number being correct.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting the applicant's induction date on his 23 December 1971 DD Form
214 to show 10 May 1971.




                            ______Fred Eichorn________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106500                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050106                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.20                                  |
|2.                      |100.90                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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