IN THE CASE OF:
BOARD DATE: 7 January 2011
DOCKET NUMBER: AR20100018504
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 his separation date as 14 July 1969 instead of 30 July 1967. (He requests, in effect, that his DD Form 214 reflect in block 3 that his Social Security Number (SSN) is XXX-XX-XX9X instead of XXX-XX-XX6X.)
2. The applicant states that he believes the 30 July 1967 date is the date he completed basic training. (He states, in effect, that his DD Form 214 incorrectly reflects his SSN as having a 6 as the eighth digit when in fact it should be a 9. He further states that his DD Form 214 dated 30 July 1967 had the same mistake; however that form was subsequently corrected with a DD Form 215 (Correction to DD Form 214) to reflect the correct SSN.)
3. The applicant provides a copy of his DD Form 214 dated 14 July 1969 and a copy of the DD Form 215 issued to correct his 30 July 1967 DD Form 214.
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 enlisted in the United States Army Reserve (USAR) on 29 November 1965 for a period of 6 years. His records show that his SSN was XXX-XX-XX9X. He was ordered to initial active duty for training on 25 March 1967. He completed his basic training at Fort Bliss, Texas and his advanced individual training at Fort Huachuca and was honorably released from active duty (REFRAD) on 30 July 1967 and he was returned to his USAR unit. His DD Form 214 issued at the time of his REFRAD shows his SSN as XXX-XX-XX6X.
3. On 13 May 1968, he was ordered to active duty with his unit and on 19 October 1968 he was transferred to Vietnam with his unit. He served in Vietnam until 11 July 1969 when he was transferred to Fort Lewis, Washington and was REFRAD on 14 July 1969 to attend school. He had served 1 year, 2 months, and 2 days of active service this period and his DD Form 214 issued at the time of his REFRAD reflects a SSN of XXX-XX-XX6X.
4. On 22 January 1991, The Adjutant General issued the applicant a DD Form 215 correcting the SSN on his 30 July 1967 DD Form 214; however, there is no evidence that a correction was made to his DD Form 214 dated 14 July 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 dated 30 July 1967 was corrected to reflect a "6" in the eighth digit of his SSN. This is the DD Form 214 that was corrected by the DD Form 215. The applicant may not have a copy of this DD Form 214, and a copy will be provided to him.
2. The applicants DD Form 214 dated 14 July 1969 also incorrectly reflects a 6 in the eighth digit of his SSN. The error was the result of an administrative oversight 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 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 in block 3 of his DD Form 214 dated 14 July 1969 that his SSN is XXX-XX-XX9X.
2. The Board wants the applicant and all others to know that 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) AR20100018504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018504
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