IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100000549 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* item 12 (Last Duty Assignment and Major Command) should be 79th Engineer Battalion, U.S. Army Europe (USAREUR)
* item 24c (Foreign and/or Sea Service) should be 2 years, 6 months, and 24 days
* item 32 (Remarks) should show the last four digits of his social security number (SSN) as 2066

3.  The applicant provides his DD Form 214 with a separation date of 28 December 1966 and a copy of his social security card in support of his 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 applicant enlisted in the Regular Army for a 3-year period on 15 January 1964.  He completed his initial entry training and was awarded military occupational specialty 62F (Crane Shovel Operator).

3.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show his SSN.  His service number is the only identification number shown on his DA Form 20.

4.  The applicant's military personnel records show his service number was used consistently in the publication of military orders and related documents to include a DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450).  There is no source document available in his record to show his SSN.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served overseas in USAREUR from 2 June 1964 to 25 December 1966.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows his last duty assignment before separation was Company D, 79th Engineer Battalion.

7.  Special Order Number 362 issued by Headquarters, U.S. Army Personnel Center, at Fort Hamilton, NY, on 28 December 1966 states the applicant's last permanent duty station was with Company D, 79th Engineer Battalion.

8.  On 28 December 1966, the applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued shows:

* item 12 – Company D, 97th Engineer Battalion, USARSEVEN [Seventh U.S. Army]
* item 24c – 1 year, 6 months, and 24 days
* item 32 – SSN:  XXX-XX-2064

9.  The applicant submitted a copy of a social security card from the Social Security Administration showing his SSN as XXX-XX-2066.

10.  Army Regulation 635-5 (Separation Documents) 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.  It states, in pertinent part, 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.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), military personnel records jacket, career management individual file, and Army personnel qualification records.  Chapter 2 states an OMPF is initiated when the Soldier becomes a member of any Army component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and it will not be removed from that file or moved to another part of the file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show:

* item 12 –79th Engineer Battalion, USAREUR
* item 24c – 2 years, 6 months, and 24 days
* item 32 – SSN:  XXX-XX-2066

2.  Special orders published upon his separation show his last unit of assignment was Company D, 79th Engineer Battalion, USAREUR.  Therefore, he is entitled to correction of his DD Form 214 to show the 79th Engineer Battalion in item 12.

3.  The applicant's DA Form 20 shows his overseas foreign service tour length was from 2 June 1964 to 25 December 1966 which is a duration of 2 years, 6 months, and 24 days.  Therefore, based on the calculation of days between these two dates, the applicant is entitled to a correction his DD Form 214 to show 2 years, 6 months, 24 days.

4.  The original SSN verification document used to prepare his DD Form 214 and supporting military records was not available for the Board's review.  Even though no historical documents are available in the applicant's service records, it is fair to assume the applicant's SSN was entered incorrectly on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as XXX-XX-2066 to comply with his established SSN provided by the Social Security Administration.




BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending his DD Form 214 with a separation date of 28 December 1966 as follows:

	a.  in item 12, remove the unit designation "97th Engineer Battalion, USARSEVEN" and add "79th Engineer Battalion, USAREUR"; 

	b.  in item 24c, remove "1 [years] 6 [months] 24 [days]" and add "2 [years] 6 [months] 24 [days]"; and

	c.  in item 32, remove "XXX-XX-2064" and add "XXX-XX-2066."



      ______________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)                                         AR20100000549



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ABCMR Record of Proceedings (cont)                                         AR20100000549



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