BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025268 


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) to show his service number (SN) as "52-75x-xxx" vice "52-78x-xxx," his social security number (SSN) as 
"05x-xx-5xxx" vice "05x-xx-8xxx," and to show the dates he served in Vietnam.

2.  The applicant states his DD Form 214 shows his SN and SSN with the 5 and 8 transposed.

3.  The applicant provides his DD Form 214, SSN card, and a letter from the Social Security Administration (SSA).

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 shows he was inducted into the Army of the United States (AUS) on 2 December 1966 and he held military occupational specialty 71H (Personnel Specialist).  His induction documents show his SN as
"52-75x-xxx."  These documents do not show his SSN.

3.  His DA Form 428 (Application for Identification Card), dated 3 December 1966, lists his SN as "52-75x-xxx."  He authenticated this form by placing his signature in the appropriate block.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SN as "52-75x-xxx" and his SSN as "05x-xx-5xxx."

5.  His DA Form 2784 (Request for and Results of Personnel Security Action), dated 11 January 1967, shows his SN as "52-75x-xxx" and his SSN as 
"05x-xx-5xxx."

6.  His records contain various forms and orders that show his SN as 
"52-75x-xxx" and his SSN as "05x-xx-5xxx."

7.  He served in Vietnam from on 19 January 1968 to 23 November 1968.  He was honorably released from active duty on 23 November 1968 and transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation. 

8.  His DD Form 214 shows he completed 1 year, 11 months, and 22 days of active service.  This form also shows the following entries:

* Item 2 (SN) contains the entry "52-78x-xxx"
* Item 3 (SSN) DD Form 214 contains the entry "05x-xx-8xxx"
* Item 22c (Foreign and/or Sea Service) shows 10 months and 5 days of foreign service and "USARPAC" (U.S. Army Pacific) is listed as the overseas theater

9.  The applicant provides a letter from the SSA, dated 2 March 2011, that verifies SSN "05x-xx-5xxx" was assigned to applicant in December 1965.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe) and USARPAC etc.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows when the applicant entered active duty, and throughout his period of active service, his SN was listed as "52-75x-xxx" and his SSN as "05x-xx-5xxx."  It can be presumed that the SN "52-78x-xxx" and the SSN "05x-xx-8xxx" which are listed on his DD Form 214 were clerical errors.  Therefore, he is entitled to the requested relief. 

2.  His records show he completed 10 months and 5 days of foreign service in USARPAC (Vietnam) from 19 January 1968 to 23 November 1968 which is reflected on his DD Form 214.  Although his foreign service and last overseas theater are shown in item 22c of his DD Form 214, there is no harm to the Army or the applicant if his Vietnam service is added to item 30 (Remarks) of his DD Form 214.

BOARD VOTE:

____x_  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* Deleting from item 2 SN "52-78x-xxx" and adding "52-75x-xxx"
* Deleting from item 3 SSN "05x-xx-8xxx" and adding "05x-xx-5xxx"
* Adding to item 30 the entry "Service in Vietnam from 19 January 1968 to 23 November 1968"



      _______ _   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)                                         AR20100025268



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ABCMR Record of Proceedings (cont)                                         AR20100025268



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