IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120002369
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 "367-xx-xxxx" instead of "671-xx-xxxx"
* item 13a (Character of Service) he received an "honorable" discharge
2. The applicant states the errors appear to be human errors in that his SSN and service number were mixed. He was too young at the time and after completing his service in Vietnam, he did not worry too much about his DD Form 214. He depended on the officials preparing it to do it right.
3. The applicant provides his DD Form 214 and Department of Veterans Affairs (DVA) Certificate of Eligibility for loan guaranty benefits.
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 requested correction of his DD Form 214 to show his character of service as "honorable." A DD Form 215 (Correction to DD Form 214), dated
26 April 1971, was issued correcting his DD Form 214 to show his character of service as "honorable." It appears the DD Form 215 was forwarded to the home of record address shown on his DD Form 214. The DD Form 215 also shows his SSN as "671-xx-xxxx."
3. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "367-xx-xxxx."
4. He enlisted in the Regular Army on 5 February 1968 for a period of 2 years. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as "367-xx-xxxx."
5. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty shows his SSN as "367-xx-xxxx." He reviewed this form at a later date and placed his signature in the appropriate block.
6. His record contains various personnel and medical documents, including a
DA Form 873 (Certificate of Clearance and/or Security Determination), DA Form 41 (Record of Emergency Data), and several other documents that show his SSN as "367-xx-xxxx." He authenticated some of these documents by placing his signature in the appropriate block.
7. He was honorably released from active duty on 25 March 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 shows in item 3 his SSN as "671-xx-xxxx."
8. 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:
The evidence of record shows that at the time of his enlistment, the applicant listed his SSN as "367-xx-xxxx." This SSN is consistent with the SSN he used throughout his military service. It appears his DD Form 214 and DD Form 215 inadvertently listed his SSN as "671-xx-xxx" as a result of an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 and DD Form 215 to show his SSN as "367-xx-xxxx."
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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his DD Form 4 and DD Form 398. The same correction should be made on his DD Form 215.
_______ _ 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) AR20120002369
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ABCMR Record of Proceedings (cont) AR20120002369
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