IN THE CASE OF:	  

		BOARD DATE:	 27 September 2011

		DOCKET NUMBER:  AR20110006335


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to amend:

* Item 3a (Grade, Rate or Rank), to show his separation rank and grade as specialist four (SP4)/E-4
* Item 6 (Date of Birth (DOB)), to show his DOB as 19 March 1945 
* Item 23 (Home of Record (HOR) at Time of Entry into Active Service), to show his address as xxxx E. 124th Street, Compton, CA 90222
* Item 32 (Remarks), to show his social security number (SSN) as 
xxx-xx-xxx9
* Item 33 (Permanent Address for Mailing Purposes After Transfer or Discharge), to show his address as xxxx E. 124th Street, Compton, CA 90222

2.  The applicant states, in effect, that he recently applied for social security benefits and discovered that his SSN is incorrect on his DD Form 214.

3.  The applicant provides no additional evidence.

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 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 requested correction of his DD Form 214 to show his DOB as 19 March 1945; however, his DD Form 214 already shows his DOB as 19 March 1945.  Therefore, this portion of his request is not necessary and will not be discussed further in these Proceedings. 

3.  The applicant's record contains 3 DD Forms 370 (Request for Report from (Employer) – (School) – (Personal Reference)), dated 9 October 1963, which show his SSN as xxx-xx-xxx9. 

4.  The applicant enlisted in the Regular Army on 6 January 1964.  His SSN is not listed on his DD Form 4 (Enlistment Record – Armed Forces of the United States); however, item 6 (Home Address) shows his address at the time of his enlistment as xxxx E. 102nd Street, Los Angeles, CA.  He authenticated this document by placing his signature where necessary.

5.  His record contains a DD Form 398 (Statement of Personal History) that shows his SSN as xxx-xx-xxx9.  This form is usually completed at the time of enlistment; however, the applicant's form is unsigned and undated.

6.  Unit Orders Number 46, Company B, 1st Battalion, 54th Infantry Regiment, dated 6 September 1964, promoted him to PFC effective 6 September 1964.

7.  On 20 May 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for the remainder of his service obligation.  His DD Form 214:

* Item 3a shows his separation rank and grade as private first class (PFC)/E-3
* Item 23 shows his HOR address as xxxx E. 102nd Street, Los Angeles, CA 
* Item 32 shows his SSN as xxx-xx-xxx4
* Item 33 shows his permanent address for mailing purposes after separation as xxxx E. 102nd Street, Los Angeles, CA

The applicant authenticated the data on this document by affixing his signature.
8.  Unit Orders Number 19, Company C, 3rd Battalion, 27th Infantry Regiment, dated 31 October 1965, promoted him to SP4 effective 31 October 1965, while a member of the USAR.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.  It is important that information entered on the form be complete and accurate, reflecting the conditions as they existed at the time of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the Regular Army on 6 January 1964, and he used SSN xxx-xx-xxx9 on allied enlistment documents.  His SSN does not appear on any other documents throughout his military personnel records jacket; instead, his service number is used for identification purposes.    It can be presumed that the SSN entry on his DD Form 214 was incorrect as a result of clerical error; therefore, he is entitled to the requested relief.

2.  The applicant contends his DD Form 214 should be corrected to show his separation rank and grade as SP4/E-4.  The evidence of record shows he was promoted to SP4 on 31 October 1965, after his separation from active duty and while a member of the USAR; therefore, he is not entitled to the requested relief.

3.  The applicant further contends his HOR address and permanent address upon separation should be corrected to show xxxx E. 124th Street, Compton, CA 90222.  The evidence of record shows his HOR address upon enlistment was xxxx E. 102nd Street, Los Angeles, CA.  The evidence further shows this same address was listed on his DD Form 214 as his permanent address following separation, and he authenticated his DD Form 214 by affixing his signature.  Therefore, it is presumed that this address was correct at the time and he is not entitled to the 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 amending item 32 of his DD Form 214 to show his SSN as xxx-xx-xxx9.

2.  The Board further determined 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 the correction of his:

* separation rank and grade
* home of record address
* permanent address for mailing purposes after transfer or discharge



      _________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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20110006335



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