IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013230
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 show his social security number (SSN) as XXX-XX-94XX instead of XXX-XX-49XX and to show "01-06-09" in item 22c (Foreign and/or Sea Service).
2. He states, in effect, that his SSN as shown on his DD Form 214 is a typographical error. He served in Vietnam during the period 17 August 1970 to 25 February 1972 and his DD Form 214 shows only 6 months and 9 days of foreign service.
3. He provides a DA Form 1811 (Physical and Mental Status on Release from Active Service); Headquarters, U.S. Army Personnel Center Special Orders Number 58; U.S. Military Assistance Command, Vietnam General Orders Number 112; a Certificate of Appreciation; a Joint Service Commendation Medal Certificate; an Army Commendation Medal Certificate; Headquarters, U.S. Army Vietnam General Orders Number 2844; a letter, subject Vietnamese Badge/Branch Insignia; a copy of his SSN card; and his Certificate of Birth.
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. His military records show he enlisted in the Regular Army on 16 February 1970. He completed training, was awarded the military occupational specialty of communications center specialist, and was promoted to pay grade E-5.
3. His DD Form 4 (Enlistment or Reenlistment Agreement), a DD Form 398 (Statement of Personal History), a DA Form 1584 (National Agency Check Request, and numerous other documents throughout his records list an SSN of XXX-XX-94XX.
4. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 17 August 1970 to 25 February 1972
(1 year, 6 months, and 9 days).
5. He was honorably released from active duty on 27 February 1972 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 2 years and 12 days of creditable active service. This DD Form 214 shows his SSN as XXX-XX-49XX.
6. Item 22c of his DD Form 214 contains the entry, "00-06-09." Item 30 (Remarks) contains the entry, "RVN: 17AUG70-25FEB72 INDOCHINA: YES."
7. The copy of the SSN card he provided shows his SSN as XXX-XX-94XX.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 4, DD Form 398, DA Form 1584, and numerous other documents list the SSN exactly as shown on the copy of the SSN card he provided.
2. His DD Form 214 shows his SSN as XXX-XX-49XX. Therefore, it appears the two digits of his SSN were transposed on this document. As such, it would be appropriate to correct this DD Form 214 to show his SSN as shown on his SSN card.
3. His DA Form 20 and item 30 of his DD Form 214 show he served in Vietnam for a total of 1 year, 6 months, and 9 days. As such, he is entitled to correction of item 22c of his DD Form 214 to show "01-06-09."
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 the DD Form 214 for the period ending 27 February 1972 of the individual concerned be corrected by:
a. amending item 3 to show his SSN as shown on the SSN card he provided; and
b. amending item 22c to show "01-06-09."
_______ _ __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) AR20110013230
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013230
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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