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Decision Text

ARMY | BCMR | CY2011 | 20110022686
Original file (20110022686.txt) Auto-classification: Approved
 

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110022686 


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 military service records to show his correct social security number (SSN) and place of birth (POB).

2.  The applicant states the SSN recorded on his separation document is incorrect.  He also states he was born in Temple, Texas, not Belton, Texas.

	a.  He adds the error (one digit) in his SSN on his separation document was probably due to a typographic error at the time of his separation processing.

	b.  He acknowledges that he may have inadvertently provided the wrong information about the city he was born in.

3.  The applicant provides, in support of his request, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Social Security Administration (SSA) printout, and Medicare Health Insurance card.

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 27 November 1965, shows for his:

* POB (City, County, State, and Country):  "Temple, Bell, Texas, USA"
* Place Certificate Recorded:  "Belton, Texas"
* SSN:  "XXX-XX-2XXX"

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted in the U.S. Army on 1 December 1965.  (The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.)  It shows in item 11 (POB): "Belton, Texas."

4.  A DD Form 214 shows the applicant was inducted on 1 December 1965, honorably released from active duty on 22 November 1967, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 11 months, and 22 days of active service.   It shows in:

* item 3 (SSN):  "XXX-XX-4XXX"
* item 8 (POB):  "Belton, Texas"

5.  Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 11-1277761, dated 17 November 1971, honorably discharged the applicant from the USAR effective 30 November 1971.  The orders show his SSN as "XXX-XX-2XXX."

6.  In support of his request the applicant provides a copy of an SSA printout, dated 9 November 2011, that shows SSN "XXX-XX-2XXX" is assigned to the applicant.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.


	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.

	b.  It shows for:

* item 3:  transcribe the SSN from the DA Form 2139 (Military Pay Voucher)
* item 8:  self-explanatory

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN and POB shown on his DD Form 214 should be corrected.

2.  The evidence of record shows upon application for entry in the U.S. Armed Forces, the applicant reported his correct SSN and POB.  However, his POB was incorrectly recorded on his DD Form 47 when he was inducted, and also on his DD Form 214 when he was released from active duty.  In addition, an incorrect SSN was recorded on his DD Form 214 at the time of his separation processing.

3.  Thus, the evidence of record supports the applicant's contention that Army officials entered an incorrect SSN and POB in his military records.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN and POB.

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:

	a.  deleting from item 3 of his DD Form 214 the entry "XXX-XX-4XXX" and adding the entry "XXX-XX-2XXX" (i.e., as shown on his DD Form 398, dated
27 November 1965); and

	b.  deleting from item 8 of his DD Form 214 the entry "BELTON, TEXAS" and adding the entry "TEMPLE, TEXAS" (i.e., as shown on his DD Form 398, dated 27 November 1965).




      _______ _   _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)                                         AR20110022686



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ABCMR Record of Proceedings (cont)                                         AR20110022686



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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