IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017828
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in:
* block 1 (Last Name First Name Middle Name) that his first name is spelled "Gary"
* block 3 (Social Security Number (SSN)) that his SSN is "XX5-XX-5XXX"
* block 21 (Home of Record (HOR) at Time of Entry into Active Service) that his HOR is "Grayson, Kentucky"
2. The applicant states that there are typing errors on his DD Form 214 which show his first name is spelled incorrectly, his SSN is incorrect, and his HOR is incorrect.
3. The applicant provides a copy of his birth certificate and social security card.
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 was inducted into the Army of the United States in Ashland, Kentucky, on 5 October 1966 and his induction record shows his first name spelled as "Garry." However, throughout his entire record he signs his first name as "Gary." His records also show that during the National Agency Check that was conducted, his first name was spelled as "Gary" and his SSN as
"XX5-XX-5XXX." His HOR was listed as "Grayson, Kentucky."
3. The applicant's records contain both SSN's throughout his service and his first name spelled as "Garry."
4. He completed basic training at Fort Knox, Kentucky, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 5 April 1967. He served in Vietnam until 3 April 1968 when he was transferred to Fort Knox where he served until he was honorably released from active duty (REFRAD) on 4 October 1968. He completed 2 years of total active service.
5. His DD Form 214 issued at the time of his REFRAD reflects a first name of "Garry," an SSN of "XX9-XX-8XXX," and an HOR of "Garyson, Kentucky."
6. The applicant's birth certificate reflects that his first name is spelled "Gary." His social security card reflects an SSN of "XX5-XX-5XXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record in this case clearly shows that administrative errors were made in the applicant's records. He always signed his first name as "Gary," his SSN was noted as being "XX5-XX-5XXX," and his HOR at the time he was inducted was "Grayson, Kentucky."
2. However, his DD Form 214 was incorrectly prepared at the time of his REFRAD and should be corrected at this time.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 to show:
* his first name is spelled as "Gary" in block 1
* his SSN as "XX5-XX-5XXX" in block 3
* his HOR as "Grayson, Kentucky" in block 21
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20100017828
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017828
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001902
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) and the correct spelling of his first name. Documents in his military personnel record correctly show his SSN as XX5-XX-XXXX; however, it appears his SSN was incorrectly transcribed on his DD Form 214. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2013 | 20130019114
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that his first name is spelled Garry instead of Gary. 2. A review of the applicants official records show he served his entire period of service using the name that is contained on his DD Form 214. While not prohibited, the applicant provided evidence (birth certificate) at the time he enlisted showing his first name was spelled Garry; however, he made it clear...
ARMY | BCMR | CY2013 | 20130000400
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as "xxx-xx-5xxx" instead of "xxx-xx-6xxx." Therefore, it would be appropriate at this time to correct his DD Form 214 to show the SSN shown on his Social Security card.
ARMY | BCMR | CY2014 | 20140014652
The applicant requests correction of his records to show his social security number (SSN) as "XXX-XX-X1XX" instead of "XXX-XX-X2XX." A DD Form 214 (Copy 2 Record Copy and Copy 5 Notification of Separation Copy) shows the applicant was honorably released from active duty (REFRAD) on 15 August 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). The available evidence shows the applicant's correct SSN was entered in his military records during the period...
ARMY | BCMR | CY2015 | 20150003275
Application for correction of military records (with supporting documents provided, if any). The applicant states his SSN is listed incorrectly on his DD Form 214. His records contain the following: * DD Form 47 (Record of Induction), dated 12 May 1959, which does not list his SSN * DD Form 93 (Record of Emergency Data), dated 12 May 1959, which lists his SSN as "XX4-XX-XX7X" * DA Form 24 (Service Record), covering the period 12 May 1959 through 20 February 1961, which lists his SSN as...
ARMY | BCMR | CY2010 | 20100025268
ARMY | BCMR | CY2015 | 20150000665
With respect to the DOB, the evidence of record shows that at the time of his enlistment the applicant listed his DOB as 27 August 19XX. The evidence of record shows upon his enlistment in the Regular Army, the applicant listed his last name as "Schiess" and his SSN as "xx8-xx-8090." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 6 of his DD Form 214 the existing DOB and adding the DOB listed on his...
ARMY | BCMR | CY2011 | 20110011325
His DD Form 4 (Enlistment Record Armed Forces of the United States), dated 30 September 1965, does not list his SSN and only shows his Army service number (ASN). Item 3 (SSN) of his DD Form 214 shows his SSN with the last four digits as "5XXX." This error was compounded when his DD Form 214 was completed using this SSN.
ARMY | BCMR | CY2010 | 20100027885
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. His DD Form 214 issued at the time of his REFRAD shows in item 3 (SSN) the entry "x4x-xx-xxxx" and his DD Form 214 does not reflect a HOR. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2011 | 20110014772
However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show the same SSN at the time of separation. 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 to list his SSN as it shown on his DD Form 398. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...