IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100026322
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 corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 August 1963.
2. The applicant states:
* Item 24c (Statement of Service Foreign and/or Sea Service) should reflect Okinawa service from 16 October 1961 to 10 January 1963
* Item 32 (Remarks) should reflect his Social Security Account Number as xxx-x8-xxxx, not xxx-x9-xxxx
3. The applicant provides:
* His DD Form 214 with an effective date of 1 August 1963
* His 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 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 Regular Army on 28 December 1960. Following Basic Combat Training at Fort Gordon, GA, he was transferred to Fort Bliss, TX for Advanced Individual Training as a Hawk Air Defense Missile Crewman. He successfully completed his training and was assigned to Battery B, 8th Missile Battalion (Hawk), 3rd Artillery Regiment, Fort Bliss.
3. On or about 24 September 1961, the applicant's unit received orders transferring the unit to Okinawa. The applicant arrived on Okinawa with his unit on or about 16 October 1961. While stationed on Okinawa, the applicant was honorably discharged on 28 December 1962 for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows:
* Service from 28 December 1960 through 28 December 1962
* Foreign service in USARYIS (U.S. Army Ryukyu Islands (Okinawa)) for 1 year, 3 months, and 1 day
* SSAN as xxx-x8-xxxx
4. The applicant reenlisted for 6 years on 29 December 1962. On or about
6 January 1963, he flew out of Kadena Air Force Base, Okinawa and returned to Travis Air Force Base, Oakland, CA. He was assigned to Fort Lee, VA, then to Fort Hood, TX.
5. On 1 August 1963, the applicant was issued a general discharge. His
DD Form 214 shows:
* Service from 29 December 1962 through 1 August 1963
* Foreign service in USARYIS [U.S. Army Ryukyu Islands (Okinawa)] for 7 days
* SSAN as xxx-x9-xxxx
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army and establishes
standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect during the applicant's service provided the DD Form 214 will be issued at the time of separation, regardless of the number of days served, to each member of the Regular Army.
DISCUSSION AND CONCLUSIONS:
1. Referencing his DD Form 214 with effective date of 1 August 1963, the applicant requests:
* a full accounting of his foreign service on Okinawa
* correction of his SSAN
2. There is nothing wrong with the foreign service entry on the applicant's 1 August 1963 DD Form 214; he only served 7 days on Okinawa between his reenlistment and his return to the United States. The majority of his tour on Okinawa is shown on his initial DD Form 214.
3. The applicant's SSAN on his 1 August 1963 DD Form 214 is incorrect. It shows xxx-x9-xxxx, when it should show xxx-x8-xxxx. This should be corrected.
4. The applicant has two DD Forms 214. These forms are static snapshots in time; both forms need to be consulted to determine the full length of his foreign service on Okinawa. A copy of his initial DD Form 214 will be provided to him.
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 all Department of the Army records of the individual concerned be corrected by correcting his SSAN in Item 32 of his 1 August 1963 DD Form 214 to show
"xxx-x8-xxxx."
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 Item 22c of his 1 August 1963 DD Form 214.
____________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) AR20100026322
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ABCMR Record of Proceedings (cont) AR20100026322
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