RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 08 May 2008
DOCKET NUMBER: AR20070015795
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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, in effect, that his social security number (SSN) and foreign service be corrected in his military records.
2. The applicant essentially states that his DA Form 20 (Enlisted Qualification Record) reflects his total service in Vietnam; however, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only shows
11 months and 29 days of foreign service. He also states, in effect, that his
DA Form 20 reflects his correct SSN, but that his DD Form 214 and discharge orders show an incorrect SSN.
3. The applicant provides his DD Form 214, driver's license and social security card, orders discharging him from the United States Army Reserve (USAR) on
30 December 1972, and DA Form 20 in support of this application.
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 applicants 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 applicants 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 contain documents, including his DD Form 214 and orders discharging him the USAR, which show that the first three digits of his SSN are 447. However, other documents in his military records, including his DA Form 20 and orders relieving him from active duty show that the first three digits of his SSN are 477. The applicant also provided his social security card which clearly shows that 477 are the first three digits of his SSN.
3. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 only shows that he had 11 months and 29 days of foreign service. However, item 31 (Foreign Service) of the applicant's DA Form 20 clearly shows that he served a tour in Vietnam from 27 October 1967 through 25 April 1969, which totaled
1 year, 5 months, and 29 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SSN and foreign service should be corrected in his military records.
2. It is clear that the applicant's DD Form 214, orders discharging him from the USAR, and other documents in his military records show an incorrect SSN. Therefore, it would be appropriate at this time to correct his military records to show that the first three digits of his SSN are 477.
3. The applicant served 1 year, 5 months, and 29 days of foreign service. Therefore, he is entitled to correction of item 22c of his DD Form 214 to show that he had 1 year, 5 months, and 29 days of foreign service.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing that the first three digits of his SSN are 477, and that he served 1 year, 5 months, and 29 days of foreign service in item 22c of his DD Form 214.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070015795
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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