IN THE CASE OF:
BOARD DATE: 7 May 2009
DOCKET NUMBER: AR20080019706
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a release from active duty date of 28 April 1974 to show his middle name as Al***** instead of An***, his social security number (SSAN) as ***58**** instead of ***38****, and his rank at time of discharge as private first class/pay grade E-3 instead of private/pay grade E-2.
2. The applicant states, in effect, that the incorrect information on his DD Form 214 is causing him problems and he needs the corrections to resolve personal and legal matters and to obtain veterans benefits.
3. The applicant provides copies of a DD Form 214 with a release from active duty date of 28 April 1974, his birth certificate, and his social security card 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 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 birth certificate provided by the applicant shows his middle name as Al***** and the social security card he provided shows his SSAN as ***58****.
3. The applicant enlisted in the Puerto Rico Army National Guard on 28 October 1973. His NGB Form 21 (Statement for Enlistment in the National Guard) shows his middle name as Al***** and his SSAN as ***58****.
4. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSAN as ***58**** and his middle name typed as "An***," then stricken through. He signed his full name on this document using Al*****.
5. The applicant entered Active Duty for Training from an Army National Guard unit status on 27 December 1973, completed basic combat and advanced individual training, and was awarded the military occupational specialty of light weapons infantryman. He was released from active duty on 28 April 1974 and returned to his Army National Guard unit after serving 4 months and 2 days of Active Duty for Training. The DD Form 214 he was issued at this time shows his pay grade as E-2, his middle name as An***, and his SSAN as ***38****. His DA Form 2-1 (Personnel Qualification Record) and orders contained in his official personnel file returning him to his National Guard unit at this time show that his rank at the time was private/pay grade E-2.
6. The applicant's records contain a second DD Form 214 which covers the period for which he was involuntarily called to active duty on 15 June 1976. This document shows he was released from active duty and placed on the temporary disability retired list (TDRL) on 19 May 1977 in the rank of private first class/pay grade E-3 after completing 11 months and 5 days of creditable service for that period of active duty. This document shows his SSAN as ***58****.
7. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's NGB Form 21 and his birth certificate show his middle name as Al*****. He signed his full name on his DD Form 4 using Al*****. Therefore, it would appear that the individual entering the applicant's information on his DD Form 214 with a release from active duty date of 28 April 1974 mistyped the applicant's middle name. As such, it would be appropriate to correct this DD Form 214 to show his middle name as Al*****, as shown on these documents.
2. The applicant's DD Form 4, his NGB Form 21, his DD Form 214 with a separation date of 19 May 1977, and his social security card show his SSAN as ***58****. Therefore, it would appear that the individual entering the applicant's information on his DD Form 214 with a release from active duty date of 28 April 1974 mistyped the applicant's SSAN. As such, it would be appropriate to correct this DD Form 214 to show his SSAN as ***58****.
3. The applicant is correct in stating that his pay grade was E-3 when he was discharged. However, the period of service from which he was discharged (placed on the TDRL) was covered on his DD Form 214 with a separation date of 19 May 1977. This DD Form 214 accurately shows his rank at separation as private first class/pay grade E-3.
4. The applicant's Personnel Qualification Record and orders returning him from active duty for training to his National Guard unit show that his rank at the time of his release from active duty on 28 April 1974 was private/pay grade E-2. As such, he is not entitled to correction of his rank and pay grade on his DD Form 214 with a release date of 28 April 1974.
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 Department of the Army records of the individual concerned be corrected by showing his SSAN on his DD Form 214 with a separation date of 28 April 1974 as ***58**** and his middle name as Al*****.
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 showing his pay grade as E-3 instead of E-2 on his DD Form 214 with a separation date of 28 April 1974.
_______ _ 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) AR20080019706
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ABCMR Record of Proceedings (cont) AR20080019706
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