IN THE CASE OF:	 

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100027885 


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 Social Security Number (SSN) as "x1x-xx-xxxx" instead of "x4x-xx-xxxx."  He also requests that his home of record (HOR) of Wisconsin be entered in the remarks section of his
DD Form 214.

2.  The applicant states that because his HOR is not reflected on his DD Form 214 he is unable to prove that he was a Wisconsin resident at the time he entered active duty that prohibits his pursuit of special veteran's benefits for veterans in Wisconsin.

3.  The applicant provides:

* A copy of his DD Form 214
* A letter from the Social Security Administration (SSA)
* A copy of his Social Security Card
* A copy of his birth certificate
* A copy of an Air Medal Certificate

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 Milwaukee, WI on 22 March 1967.  At the time of his induction he was issued a service number as a means of identification.  Initially, his SSN was correctly recorded in his record as SSN “x1x-xx-xxxx”; however, for reasons not explained in his record his SSN was reflected on some documents showing his SSN as
"x4x-xx-xxxx."

3.  He completed his basic training at Fort Campbell, KY and his advanced individual training as a light weapons infantryman at Fort Polk, LA before being transferred to Vietnam on 26 August 1967. 

4.  Special Orders Number 185, issued by Headquarters, 1st Cavalry Division, dated 3 July 1968, reassigned the applicant to the U.S. Army Vietnam Returnee Detachment for the purpose of returning to his ultimate organization of assignment in the continental United States on or about 28 August 1968.  These orders show his SSN as "x1x-xx-xxxx."

5.  He completed his tour in Vietnam on 25 August 1968 and he was transferred to Fort Ord, CA.  While at Fort Ord, Unit Orders Number 12, issued by Headquarters, Experimentation Battalion (Infantry), dated 21 February 1969, reduced the applicant to specialist four (SP4)/E-4 as a result of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice.  These orders show his SSN as "x1x-xx-xxxx."  He remained at Fort Ord until he was honorably released from active duty (REFRAD) on 21 March 1969 at the expiration of his term of service.  He served 2 years of total active service.

6.  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.

7.  The letter from the SSA indicates that the applicant’s SSN was issued in June 1960 and his SSN is "x1x-xx-xxxx.”


8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time did not provide for the entry of the HOR on the DD Form 214.  However, the regulation provide that item 30 (Remarks) could be used to add entries or continue entries when there was not sufficient space on the form to complete entries.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence in the available record to show that at the time of the applicant’s induction in Milwaukee, WI on 22 March 1967 his SSN was
"x1x-xx-xxxx.”  However, it appears that through an administrative error, his SSN was inadvertently changed to “x4x-xx-xxxx” sometime during his service and remained as such until his REFRAD.  As a result, his DD Form 214 was improperly prepared to reflect his SSN as "x4x-xx-xxxx.”  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct SSN of "x1x-xx-xxxx."

2.  Although there were no provisions for entering the HOR on the DD Form 214 at the time of the applicant's REFRAD, there were also no provisions which prohibited the entry of the HOR in item 30 of his DD Form 214.

3.  Given the circumstances in this case, it would be in the interest of justice to add the applicant’s HOR to item 30 of his DD Form 214 in order for him to qualify for a benefit that may be available to him by virtue of being a Wisconsin resident during his service.  Therefore, his DD Form 214 should be corrected to reflect his HOR as Milwaukee, WI.

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:


	a.  deleting from item 3 of his DD Form 214 the entry "x4x-xx-xxxx" and replacing it with the entry "x1x-xx-xxxx," and

	b.  adding to item 30 of his DD Form 214 the entry “HOR - Milwaukee, Wisconsin.”



      __________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)                                         AR20100027885



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ABCMR Record of Proceedings (cont)                                         AR20100027885



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