IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110006799 


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:

	a.  His social security number (SSN) as "XXX-XX-X5X3" instead of 
"XXX-XX-X3X5"; and

	b.  he was retired by reason of "Permanent Disability" instead of by reason of "Temporary Disability."

2.  He states the information was incorrectly entered by his last unit of assignment.

3.  He provides:

* His DD Form 214
* A copy of his Social Security card
* A page from his Department of Veterans Affairs (VA) Disability Compensation Award Rating 

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 on 26 July 1967.  After completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).

3.  Prior to his induction, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as shown on his Social Security cards ("XXX-XX-X5X3").

4.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 31 July 1967 and last audited on 10 January 1968, shows a handwritten entry for his SSN, which is the same SSN as shown on his Social Security card and 
DD Form 398.

5.  The applicant’s record contains official orders for advancement to private first class (PFC)/E-3 and award of the Purple Heart for wounds received in action in Vietnam.  Both orders show the same SSN as shown on his Social Security card, DD Form 398, and DA Form 20.

6.  On 23 October 1968, a Physical Evaluation Board (PEB) recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a combined rating of 60 percent (%).

7.  An AGPZ Form 977 (Data for Retired Pay), dated 31 October 1968, was completed and Special Orders Number 214 with the same date were published retiring him from active duty on 8 November 1968 and placing him on the TDRL effective 9 November 1968.

8.  Accordingly, on 8 November 1968, he was retired by reason of temporary disability.  The DD Form 214 he was issued at the time shows in:

* Item 3 (SSN) the entry "XXX-XX-X3X5
* Item 11c (Reason and Authority) the entry, "Title 10 USC [U.S. Code] 1202 SPN [Separation Program Number] 270 Retirement Temporary Disability"
9.  On 30 March 1972, the applicant was reevaluated by a formal PEB and he was found physically unfit.  The PEB recommended a combined rating of 60% and permanent retirement from the service.

10.  His record contains Letter Orders Number D 5-800, dated 12 May 1972.  This order shows he was determined to be permanently unfit for duty by reason of physical disability and he was removed from the TDRL on 31 May 1972 and he was placed on the Retired List the next day.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  This regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service and it is important that information entered on the form s be complete and accurate.  Paragraph 2-1(b)3 provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL.
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record consistently shows his SSN as "XXX-XX-X5X3" throughout his military career.  It appears the SSN on his DD Form 214 was incorrectly entered at the time of preparation as a result of an administrative error.  Therefore, the SSN on his DD Form 214 should be corrected accordingly.

2.  Item 11c of his DD Form 214 shows, in part, the entry "Retirement Temporary Disability" which was his correct status at the time of his retirement on
8 November 1968.  The regulatory guidance does not provide for changing a previously issued DD Form 214 or issuing a new DD Form 214 based on removal from the TDRL and placement on the Retired List.  The letter order contained in the applicant‘s file correctly accounts for his permanent disability retirement.  As such, he is not entitled to this portion of 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 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 current entry and replacing it with the social security number as shown on his Social Security card and other official orders and documents referenced in these Proceedings.

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 correcting his DD Form 214 to show he was retired by reason of Permanent Disability.



      __________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)                                         AR20110006799



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ABCMR Record of Proceedings (cont)                                         AR20110006799



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