IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005496
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his proper social security number (SSN) and award of the Presidential Unit Citation.
2. The applicant states, in effect, the clerk who prepared his DD Form 214 made an error while typing his SSN.
3. The applicant provides a document from the Social Security Administration, handwritten replies on letters sent from the Army Review Boards Agency, a letter to the National Personnel Records Center, and two DD Forms 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,
and 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 3 September 1957. He was honorably released from active duty on 2 September 1960, and his DD Form 214 for this period shows his SSN as 157-XX-XXXX.
3. The applicant again enlisted in the Regular Army on 19 October 1961. The SSN listed on his DD Form 214 for the period ending 7 August 1962 (112-XX-XXXX) does not match the SSN listed throughout the applicant's records.
4. The applicant provided a letter from the Social Security Administration showing his correct SSN (157-XX- XXXX). This SSN is listed consistently throughout the applicant's military records. The following documents match the SSN the applicant provided:
* DD Form 93 (Record of Emergency Data)
* DA Form 24 (Service Record)
* DD Form 214 for the period 3 September 1957 through 2 September 1960
5. The applicant provided a letter he sent to the National Personnel Records Center stating that the unit he was assigned to in Guam was entitled to the Presidential Unit Citation. He stated his unit was deployed to Taiwan at a time of tension between Taiwan and mainland China (the Quemoy and Matsu Island dispute) to construct Nike sites.
6. Records show the applicant was assigned to Headquarters and Service Company, 809th Engineer Battalion, Headquarters Company on Guam during the period 28 January 1958 through 18 August 1959.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and the Korea War. This pamphlet does not show the 809th Engineer Battalion was cited for award of the Presidential Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his military records should be corrected to show his correct SSN and award of the Presidential Unit Citation was carefully considered and determined to have partial merit.
2. Records clearly show the applicant's correct SSN (157-XX- XXXX) throughout his record. The DD Form 214 issued at the time of his August 1962 separation contains an erroneous entry in item 32. As a result, it would be appropriate in this case to amend the applicant's August 1962 DD Form 214 to show his correct SSN.
3. The applicant's unit is not listed as being cited for any unit awards. Based upon his description of the activities his unit performed it is unlikely that it would have been awarded the Presidential Unit Citation. However, if he has orders awarding it he may submit for reconsideration. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 32 of his August 1962 DD Form 214 the entry (112-XX-XXXX) and replacing it with the entry (157-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 to Presidential Unit Citation.
_______ _ _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) AR20110005496
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110005496
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