IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110008415
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):
* item 3 (Social Security Number (SSN))
* 11d (Effective Date)
2. The applicant states the entries in question are incorrect due to typographical errors.
3. The applicant provides his DD Form 214, social security card, release from active duty (REFRAD) orders, and enlistment orders in support of his application.
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 available evidence includes a DD Form 4 (Enlistment Record-Armed Forces of the United States) that shows the applicant enlisted in the Regular Army for 3 years on 29 December 1966.
3. The documents in the available record that list an SSN all list the number 8 as the fifth digit. This includes a DA Form 2496 (Disposition Form), dated
18 November 1969, assigning the applicant to the Separation Transfer Point, effective 16 December 1969. It also includes Headquarters, United States Army Aviation Center, Fort Rucker, Alabama, Special Orders Number 244, dated
24 November 1969, directing the applicants REFRAD, effective 28 December 1969.
4. The DD Form 214 issued to the applicant upon his REFRAD lists his SSN using the number "5" as the fifth digit, and lists his date of separation as
19 December 1969 in item 11d. Item 17c (Date of Entry) contains the date
29 December 1969.
5. The applicant provides an SSN card that lists his SSN using the number "8" as the fifth digit.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the military qualification record and documents on file in the Military Personnel Records Jacket would be the source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct item 3 and 11d of his DD Form 214 has been carefully considered and found to have merit.
2. All of the available records including the applicants REFRAD orders list his SSN using the number 8 as the fifth digit. As a result, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as it is listed on his social security card.
3. Further, the applicants DD Form 4 confirms he enlisted in the RA and entered active duty on 29 December 1966, and the REFRAD orders in the record confirm the effective date of the applicants separation was 28 December 1969. As a result, item 11d of the DD Form 214 should be corrected to show the date
28 December 1969, and item 17c should be corrected to show the date
29 December 1966.
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 amending his DD Form 214 as follows:
a. Item 3 deleting the current entry and adding the SSN as it is listed on his social security card;
b. Item 11d - deleting the current entry and adding 19691228; and
c. Item 17c - deleting the current entry and adding 19661229.
_______ _ _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) AR20110008415
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ABCMR Record of Proceedings (cont) AR20110008415
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