IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120000251
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 (Certificate of Release or Discharge from Active Duty) to show his Social Security Number (SSN) as "45x-xx-xxxx" instead of "54x-xx-xxxx." He further requests correct of his DD Form 214 to show he served 3 years in Germany and 1 year at Fort Leonard Wood, MO.
2. The applicant did not make any statement.
3. The applicant provides his DD Form 214 and Social Security 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 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 applicant enlisted in the Regular Army on 31 March 1976 for a period of
3 years.
3. All documents in the applicant's Official Military Personnel File (OMPF), except his DD Form 214, show his SSN as "45x-xx-xxxx."
4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 8 August 1976 through 2 March 1979, a period of
2 years, 6 months, and 24 days.
5. On 28 March 1980, the applicant was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows he completed 3 years, 11 months, and 28 days of creditable active service. It shows in item 12f (Foreign Service) he completed 2 years, 6 months, and 24 days of foreign service. Item 3 (SSN) lists his SSN as "54x-xx-xxxx.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It stated for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. It appears that during the preparation of the applicant's DD Form 214 an administrative error occurred when the first two digits of his SSN were transposed. Therefore, his DD Form 214 should be corrected to show his SSN as"45x-xx-xxxx."
2. The evidence of record shows the applicant served in Germany from 8 August 1976 through 2 March 1979, which equates to a period of 2 years, 6 months, and 24 days. Item 12f of his DD Form 214 shows he completed 2 years, 6 months, and 24 days of foreign service.
3. There was no provision then and there is no provision now to specify the location and duration of a Soldier's normal overseas or continental United States (CONUS) service on his/her DD form 214. Therefore, there is no basis for granting this portion of the applicant's request.
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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his Social Security card.
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 to his DD Form 214 the location of his overseas service and the location and duration of his CONUS service.
_______ _ 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.
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