BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022765 


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 that his DD Form 214 dated 7 January 1974 be corrected to show that the last digit of his Social Security Number (SSN) is a “1” instead of a “0” and that his Vietnam service as a warrant officer and enlisted member be added as well.

2.  The applicant states that his DD Form 214 incorrectly reflects that that the last digit of his SSN is a “0” instead of a “1” and it does not reflect his enlisted and warrant officer service in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DD Form 215 (Correction to DD Form 214).  

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 enlisted in the Regular Army on 14 March 1966 for a period of 3 years and training as an aircraft maintenance crewman.  His SSN was recorded in his records at the time as ending with the number “1” as the last digit and it continued to be recorded in his records as such.  He completed his basic training at Fort Bliss, Texas and his advanced individual training at Fort Rucker, Alabama and was transferred to Vietnam on 19 September 1966. 

3.  He departed Vietnam on 30 March 1967 for assignment to Fort Wolters, Texas to attend warrant officer candidate training.  He completed his training at Fort Rucker, Alabama and was honorably discharged on 25 March 1968 to accept an appointment as a warrant officer.

4.  He was appointed as a United States Army Reserve (USAR) warrant officer one (WO1) aviator on 26 March 1968 and was transferred to Vietnam on 29 December 1968.  He was promoted to the rank of chief warrant officer two (CW2) on 26 March 1969 and departed Vietnam on 28 December 1969 for Assignment to Germany.

5.  He arrived in Germany on 10 February 1970 and on 9 April 1970 he was honorably discharged to accept a commission.

6.  On 10 April 1970 he was appointed as a USAR armor first lieutenant.  He was promoted to the rank of captain on 10 April 1971.

7.  He completed 2 years, 9 months and 26 days of his tour in Germany on 26 February 1973 and was transferred to Fort Knox, Kentucky to attend the Armor Officer Basic Course.  He was then transferred to Fort Leonard Wood, Missouri where he remained until he was honorably released from active duty on 7 January 1974, due to reduction in force.  He had served 3 years, 8 months and 28 days of active service as a commissioned officer for a total of 7 years, 9 months and 28 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that his SSN contains a “0” as the last digit.  It also reflects the 2 years, 9 months and 26 days of foreign service he performed in Germany as a commissioned officer.

8.  On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  It also provides that only foreign service performed during the period covered by the DD Form 214 will be entered in block 22c of that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 7 January 1974 incorrectly reflects his SSN as having the number "0" as the last digit instead of the number "1" has been noted and found to have merit.

2.  At the time of his enlistment his records show his SSN contained the number "1" as the last digit and he performed all of his service with that SSN. 

3.  Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his DD Form 214 for the period ending 
7 January 1974 and it should be corrected at this time. 

4.  However, the applicant’s contention that his Vietnam service should be added to his DD Form 214 dated 7 January 1974 has been noted and found to lack merit.  The applicant’s Vietnam service was performed during periods covered by other DD Form 214s and he did not perform service in Vietnam during the period covered by the DD Form 214 in question.  Accordingly, he is not authorized to have his service in Vietnam added to that DD Form 214.
  
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 showing in block 3 of his DD Form 214 that the last digit of his SSN is a “1” instead of a “0” as reflected on his DA Form 66.
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 adding his Vietnam service to his DD Form 214 dated 7 January 1974.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      _______ _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)                                         AR20110022765





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ABCMR Record of Proceedings (cont)                                         AR20110022765



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