IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120001861 


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-XXX7" instead of "XXX-XX-XXX4" and his rank as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

2.  The applicant states the error with his SSN is a simple typo.  

3.  He further states his rank/grade should be SGT/E-5.  He passed the promotion board and was at the top of the promotion list.  Promotion orders were issued right after he was reassigned.  He was contacted by his company commander and informed that the orders were being sent to his current location for placement in his records.  His company commander placed a copy of acting E-5 orders in his record and handed him an additional copy right after he passed the board.

4.  The applicant provides copies of his social security card and 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's DD Form 47 (Record of Induction), dated 30 January 1970, and DD Form 398 (Statement of Personal History), dated 15 May 1970, both show his SSN as "XXX-XX-XXX7."

3.  He was inducted into the Army of the United States on 26 May 1970 and held the military occupational specialty 05C (Radio Teletype Operator).  

4.  His record contains a DA Form 3355-R (Promotion Points Worksheet), dated 9 November 1971, wherein his commander awarded him 390.5 administrative promotion points.

5.  His record contains three DA Forms 3356-R (Board Member Appraisal Worksheets) wherein each promotion board member recommended him for promotion to SGT/E-5.  

6.  His record contains a DA Form 3357-R (Board Recommendation), dated 
24 November 1971, wherein the president of the board indicated the majority of the board members had recommended him for promotion to SGT and awarded him a total of 208 promotion points.

7.  The highest rank/grade listed on his DA Form 20 (Enlisted Qualification Record) was SP4/E-4.

8.  His record contains no evidence of orders promoting him to the acting, temporary, or permanent rank/grade of SGT/E-5.

9.  He was honorably released from active duty on 14 January 1972.  His DD Form 214 lists his rank/grade as SP4/E-4 and his SSN as "XXX-XX-XXX4."

10.  The applicant provided a copy of his social security card that contains a name similar to his and the SSN of "XXX-XX-XXX7."

11.  Army Regulation 600-200 (Enlisted Personnel Management System), which established the policies and provisions for enlisted promotions, then in effect, stated that Soldiers who met certain requirements could be recommended for promotion to pay grade E-5.  Once recommended for promotion the individual was required to appear before a promotion selection board after which the individual's name would be incorporated onto an order of merit recommended list for promotion to pay grade E-5.  Promotions were then made from individuals on the order of merit list based on monthly promotion quota issued from Department of the Army which were controlled via promotion point cut-off scores.  

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated items 5a and 5b show the rank/grade in which a member was serving at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was inducted under and consistently used the SSN of "XXX-XX-XXX7" throughout his period of military service.  It appears his SSN was incorrectly entered on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to reflect his correct SSN.

2.  The evidence does show that the applicant appeared before a promotion board; however, his records did not contain a promotion standing/order of merit list or orders promoting him to SGT/E-5.  

3.  Additionally, there is no evidence of record nor has he provided any evidence to show he was promoted to SGT/E-5 prior to his honorable release from active duty.  Absent such, there is an insufficient evidentiary basis for granting his requested relief.  

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 social security number 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 correcting the rank/grade on his DD Form 214 to SGT/E-5.



      __________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)                                         AR20120001861





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ABCMR Record of Proceedings (cont)                                         AR20120001861



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