IN THE CASE OF:	  

		BOARD DATE:	       18 February 2009

		DOCKET NUMBER:  AR20080013998 


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 Item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Social Security Number (SSN) and that he received a lump sum payment made for 9 days of accrued leave in the amount of $49.50 instead of the $10,000.00 shown.

2.  The applicant states that his SSN is incorrectly shown on his DD Form 214 and that he only received a $49.50 payment of his accrued leave.

3.  The applicant provides an undated self-authored letter; a copy of his DD Form 214, dated 4 March 1966; and a copy of Form SSA-2459 (Report of Confidential Social Security Benefit Information), dated 11 July 2008, in support of his request.

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 was inducted into the Army of the United States on 23 November 1965.  His DD Form 47 (Record of Induction) lists his Service Number and Selective Service Number; however, it does not list his SSN.

3.  The applicant's records also show he completed a DD Form 98 (Armed Forces Security Questionnaire) on 23 November 1965, using his Service Number.  He did not use his SSN.  He also completed a DD Form 398 (Statement of Personal History) and listed his SSN in Item 13 (Social Security Number) as ***-**-9608.

4.  The applicant's records also contain a DA Form 3054 (Election of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance (SGLI)), dated 23 November 1965, that shows he elected to be insured for $10,000.00.  He authenticated this form by placing his signature in the appropriate block.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 30 November 1965 also lists the applicant's Service Number, but not his SSN.

6.  The applicant's records further show he arrived at Fort Hood, Texas, for completion of basic combat training on or about 7 December 1965.

7.  On 9 December 1965, the applicant completed a DA Form 3027 (U.S. Army Request for National Agency Check) and indicated that his SSN was ***-**-9608.

8.  On 15 February 1966, the applicant underwent a physical examination at Darnell Army Hospital, Fort Hood, Texas, due to his inability to wear the field uniform or complete basic training.  The military physician determined that the applicant had a scar on his right knee, secondary to skin graft, and a scar on his left knee, secondary to burn and skin graft.  He also determined that his condition existed prior to service (EPTS) and resulted from severe burns that occurred on 28 March 1958.


9.  On 15 February 1966, a medical evaluation board (MEB) convened at Fort Hood and determined that the applicant's EPTS scars rendered him unfit for duty and recommended his discharge in accordance with Section XII of Army 
Regulation 635-40A (Personnel Separations - Physical Evaluation for Retention Separation, or Retirement for Physical Disability).  The applicant concurred with the findings and recommendation and indicated he did not desire to continue on active duty.

10.  On 18 February 1966, by memorandum, the applicant requested a discharge from the Army for physical disability.  He indicated that he understood that it was fully explained to him that as a result of his application, his discharge would be without disability retirement or disability severance pay and that in the event his discharge was approved, he would be honorably separated.

11.  The applicant's records show he was honorably discharged on 4 March 1966 by reason of physical disability with no entitlement to severance pay.  The DD Form 214 he was issued shows he completed 3 months and 12 days of active military service.  Furthermore, Item 32 of this form shows the following entries:

	a.  His SSN as ***-**-9008 (a "0" versus a "6" in the seventh digit);

	b.  A lump sum payment was made for his 9 days of accrued leave [with no designated amount]; and 

	c.  SGLI (Servicemen's Group Life Insurance) in the amount of $10,000.00, indicating that at the time of his discharge, the applicant was covered under the SGLI for $10,000.00.

12.  The applicant submitted a copy of Form SSA-2458, dated 11 July 2008, that shows his SSN as ***-**-9608.  Additionally, attached to this form is a certification of proof of service, signed by an official of the Department of Veterans Affairs on 2 January 2008.

13.  Army Regulation 635-5 (Personnel Separations) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In the version in effect at the time, Item 32 shows complete entries that are too long for their respective block.  An entry is made to show the Soldier's Social Security Number.  Another entry is made to indicate whether the Soldier was or was not paid accrued leave such as "Lump sum payment made for 45 days accrued leave" and/or "0 days accrued leave."  Additionally, another entry is made to indicate the amount of the Soldier's coverage under the SGLI.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s SSN, it appears that throughout his military service the applicant consistently indicated and certified that his SSN contained the number 6 in the seventh digit.  His DD Form 398 and DA Form 3027 listed his SSN as ***-**-9608.  This SSN is consistent with that shown on the SSA-2459.  It appears that the seventh digit was incorrectly entered as a "0" on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.

2.  With respect to the applicant's paid leave and SGLI, those are two separate entries.  The regulation governing the preparation of the DD Form 214 required an entry in the Remarks section to show whether a Soldier was or was not paid accrued leave, but did not require the amount paid.  This regulation also required an entry for the amount of coverage elected by the Soldier under the SGLI.  Both entries are separate and both are correctly shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "***-**-9008" from Item 32 of the applicant's DD Form 214 and adding the entry "***-**-9608." 


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 adding the amount of $49.50 as lump sum payment made for 9 days of accrued leave instead of $10,000.00.


															XXX
      ______________________
               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)                                         AR20080013998



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ABCMR Record of Proceedings (cont)                                         AR20080013998



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