IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003914
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 in:
* item 3 (Social Security Number (SSN)) the entry "5xx-xx-xxxx" instead of "3xx-xx-xxxx"
* item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (ARCOM)
2. The applicant states item 3 of his DD Form 214 incorrectly lists his SSN and the ARCOM is not listed in item 24.
3. The applicant provides a letter from the Social Security Administration and a copy of his 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 Regular Army (RA) on 30 December 1965 for a period of 3 years. He was trained in and awarded military occupational specialty 12B (combat engineer).
3. A review of the documents contained in his official military personnel file (OMPF) shows his social security number consistently appears as "5xx-xx-xxxx" throughout his tenure of service. These documents include a:
* DD Form 398 (Statement of Personal History), dated 29 June 1966
* DA Form 20 (Enlisted Qualification Record), dated 3 May 1967 and audited on 6 October 1968
* Special Orders Number 174, issued by Headquarters, John F. Kennedy Center for Special Warfare, Fort Bragg, NC, dated 31 July 1968 (reassignment orders to the Republic of Vietnam)
* DA Form 41 (Record of Emergency Data), dated 4 October 1968
* Special Orders Number 440, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 23 April 1969 (release from active duty (REFRAD) orders)
4. He was honorably REFRAD on 23 April 1969 as an overseas returnee. He completed 3 years, 3 months, and 24 days of total active service. Item 3 of his DD Form 214 shows the entry "3xx-xx-xxxx." Item 24 does not show award of the ARCOM.
5. The applicant provided a copy of a letter from the Social Security Administration which reflects his recorded SSN as "5xx-xx-xxxx."
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes
standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
8. Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show a correct SSN and his award of the ARCOM was carefully considered and determined to have partial merit.
2. Evidence of record shows that all documents contained in the applicant's OMPF that reflect an SSN shows his SSN as "5xx-xx-xxxx." As such, it appears that an administrative error occurred when preparing the applicant's DD Form 214. Therefore, his DD Form 214 should be corrected to show his SSN as
"5xx-xx-xxxx."
3. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the ARCOM. Therefore, there is no basis for granting this portion of his request.
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 deleting from item 3 of his DD Form 214 the entry "3xx-xx-xxxx" and replacing it with the entry "5xx-xx-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 correcting his DD Form 214 to show award of the Army Commendation Medal.
_________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) AR20110003914
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003914
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006124
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 3 (Social Security Number (SSN)), his SSN as 5xx-xx-xxxx instead of 3xx-xx-xxxx * item 11d (Effective Date), his discharge date as 20 October 1968 instead of 20 October 1971 2. On 29 January 1973, a DD Form 215 (Correction to DD Form 214) was issued that corrected his DD Form 214 to amend item 17c to show he entered active service on 21 October 1968. ...
ARMY | BCMR | CY2012 | 20120001755
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 "3xx-xx-xxxx" instead of "5xx-xx-xxxx." He provided a copy of his Social Security Card which lists his SSN as "3xx-xx-xxxx" and copies of his U.S. Army Reserve Discharge orders and Honorable Discharge Certificate, dated after the period of service covered by his DD Form 214, which show his SSN as "5xx-xx-xxxx." As a result, the...
ARMY | BCMR | CY2014 | 20140004005
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 5XX-XX-XXXX instead of 3XX-XX-XXXX. _______ _ __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.
ARMY | BCMR | CY2012 | 20120012643
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show: a. his last name as "Mxxrxxxx" instead of "Mxxixxxx" in item 1 (Last Name-First Name-Middle Name); and b. his social security number (SSN) listed to reflect "5XX-XX-XXXX" instead of "3XX-XX-XXXX" in item 3 (Social Security Number). The applicant's military record contains a DD Form 398 (Statement of Personal History) that he completed during his enlistment processing. He provides a copy of...
ARMY | BCMR | CY2011 | 20110018638
The applicants complete military records are not available to the Board for review. Although the applicants complete service records are not available for review with this case, his available records contain at least one document that supports his claim that the SSN listed on his DD Form 214 is incorrect. His DD Form 214 should be corrected to show that same SSN at the time of separation.
ARMY | BCMR | CY2013 | 20130015417
He states his SSN should read 5XX-XX-XXXX vice 3XX-XX-XXXX as shown in item 1e of his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552). _______ _ _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) AR20130015417 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2011 | 20110025217
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. A DD Form 1584 (National Agency Check Request), dated 13 March 1968, shows his SSN as "3XX-XX-XXXX." ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2012 | 20120009612
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 "3xx-xx-xxxx" instead of "2xx-xx-xxxx." It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
ARMY | BCMR | CY2013 | 20130012963
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 3xx-xx-xxxx instead of 2xx-xx-xxxx. 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 SSN as it appears on his social security card. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100020653
The applicant states his SSN is incorrect on his DD Form 214. His Official Military Personnel File (OMPF) contains, among other documents, the following documents that show the SSN he claims is correct: * DD Form 47 (Record of Induction) * induction and separation orders * DD Form 1584 (National Agency Check Request) * promotion orders * DA Form 2139 (Military Pay Voucher) * DA Form 137 (Installation Clearance Record) 4. __________X_____________ CHAIRPERSON I certify that herein is...