IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110024479
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 his:
* social security number (SSN) as "xxx-xx-xx4x" instead of "xxx-xx-xx8x"
* separation date as 29 January 1971 instead of 29 January 1970
2. The applicant states the SSN and separation date listed on his DD Form 214 are incorrect.
3. The applicant provides his 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-xx4x."
3. He was inducted into the AUS on 23 April 1969. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN. However, his record contains the following documents that show his SSN as "xxx-xx-xx4x":
* DA Form 428 (Application for Identification Card), dated 24 April 1969
* DA Form 20 (Enlisted Qualification Record), dated 29 April 1969
* DA Form 41 (Record of Emergency Data)
4. Special Orders Number 351, issued by Headquarters, U.S. Army School/
Training Center, Fort Gordon, GA, dated 21 December 1970, relieved the applicant from active duty effective 2400 hours, 29 January 1971 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 30 January 1971, to complete ;his remaining service obligation.
5. On 29 January 1971, the applicant was honorably released from active duty to return to college. He completed 1 year, 9 months, and 7 days of total active service. The DD Form 214 he was issued at the time shows in:
* Item 3 (SSN) - "xxx-xx-xx8x"
* Item 11d (Effective Date (of Separation)) - "29 Jan 70" (29 January 1970)
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant listed his SSN as "xxx-xx-xx4x" upon his induction into the AUS. This SSN is consistent with the SSN shown on multiple documents in his service records listing his SSN. It appears that during the preparation of his DD Form 214 his SSN was inadvertently listed as "xxx-xx-xx8x" due to an administrative error. Therefore, his DD Form 214 should be corrected to show his correct SSN.
2. The applicant was released from active duty on 29 January 1971 after having completed 1 year, 9 months, and 7 days. It appears his DD Form 214
inadvertently listed his date of separation as 29 January 1970. Therefore, his
DD Form 214 should be corrected to show his correct separation date.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 current entry and replacing it with the SSN as shown on his DA Form 20, and
b. deleting from item 11d of his DD Form 214 the entry "29 Jan 70" and replacing it with the entry "29 Jan 71."
_______ _ 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) AR20110024479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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