IN THE CASE OF:	  

		BOARD DATE:	  28 June 2012

		DOCKET NUMBER:  AR20120000653 


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 in:

* item 3 (Social Security Number (SSN)) his SSN as "XX3-XX-XXX4"
* item 22c (Foreign and/or Sea Service) his total foreign service
* item 30 (Remarks) his first tour of duty in the Republic of Vietnam (RVN)

2.  The applicant states:

* his SSN is "XX3-XX-XXX4" instead of "XX7-XX-XXX7"
* he served a total of 1 year, 6 months, and 13 days of foreign service
* his first tour of duty in the RVN was from September 1969 to September 1970

3.  The applicant provides his DD Form 214 and a self-authored service history in support of his application.

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 6 December 1968 for a period of 3 years.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) documenting his enlistment does not list an SSN.  At the time, the primary identification number was the Soldier's assigned service number.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared on 11 December 1968 lists his SSN as "XXX-XX-5990," a third SSN that is different from the SSN shown on his DD Form 214 and the SSN he now claims is correct.  This third SSN is also listed on orders and other documents contained in his Military Personnel Records Jacket (MPRJ), including Special Orders Number 55 issued by Headquarters, 4th infantry Division, Fort Carson, CO, dated 24 February 1971, reassigning him to the U.S. Army Overseas Replacement Station, Oakland Army Base, CA.

4.  The applicant's MPRJ contains a DD Form 398 (Statement of Personnel History) completed by the applicant on 22 October 1970 that lists his SSN as "XX3-XX-XXX4," the SSN he now claims is correct.  A second DA Form 20 in his MPRJ prepared on 18 May 1971 lists his SSN as "XX7-XX-XXX7," the SSN he now claims is incorrect.  The majority of orders and other documents in his MPRJ list this same SSN that he now claims is incorrect.

5.  The applicant's record shows he served in the RVN from 1 July 1969 to 26 June 1970 and again from 13 May to 22 November 1971.

6.  On 26 November 1971, the applicant was honorably released from active duty.  His DD Form 214 lists his SSN as "XX7-XX-XXX7."  Item 22c shows the applicant completed a total of 6 months and 13 days of overseas service and item 30 contains an entry indicating he served in the RVN from 13 May through 23 November 1971.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated the DA Form 20 and documents in the MPRJ were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct items 3 and 22c of his DD Form 214 has been carefully considered and found to have partial merit.  The evidence of record confirms the applicant completed 1 year of service in the RVN between 1 July 1969 and 30 June 1970 and 6 months and 15 days of RVN service between 13 May and 27 November 1971.  As a result, item 22c and the RVN service portion of item 30 of his DD Form 214 should be corrected accordingly.

2.  The applicant's record primarily shows he served under the SSN he now claims is incorrect and is listed on his DD Form 214.  However, one of the DA Forms 20 and assorted documents in his MPRJ list a third SSN not referenced by the applicant.  The SSN the applicant now claims is correct is listed on the DD Form 398 prepared in October 1970.  The applicant provided no documentation from the Social Security Administration explaining the use of multiple SSN's.  As a result, there is an insufficient evidentiary basis to support correcting the SSN shown in item 3 of his DD Form 214.

3.  However, given the use of multiple SSN's, it would be appropriate to add an entry to item 30 of his DD Form 214 listing the other two SSN's under which the applicant served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

	a.  deleting the current entry from item 22c and replacing it with the entry "0001  06  15";

	b.  adding the entry "VIETNAM SERVICE FROM 19690701-19700630 AND FROM 19710513-19711127" to item 30; and

	c.  adding the entry "SOLDIER ALSO SERVED UNDER SOCIAL SECURITY NUMBERS XX3-XX-XXX4 AND XXX-XX-5990" " as shown on his DD Form 398 and DA Form 20 prepared on 11 December 1968 to item 30.

2.  The Board further determined 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 correction of item 3 of the applicant's DD Form 214.



      ____________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)                                         AR20120000653



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ABCMR Record of Proceedings (cont)                                         AR20120000653



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