BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120005056
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 "579-xx-xxxx" instead of "519-xx-xxxx"
* item 12 (Last Duty Assignment and Major Command) "327th Inf" instead of "325th Inf"
2. The applicant states his SSN and unit in Vietnam are not correct as shown on his DD Form 214. He did notify the Department of Veterans Affairs (VA) once in 1968 and again in 1980 or so.
3. The applicant did not provide any additional documentation.
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 for a period of 3 years on
25 March 1965.
3. He was honorably released from active duty on 9 April 1968 from Fort Bragg, NC. His DD Form 214 shows in item 3 his SSN as "519-xx-xxxx" and his last duty assignment is shown as "B 1/325th Inf (TUSA)." (TUSA indicates Third U.S. Army, in whose jurisdiction Fort Bragg, NC was located).
4. There are no available records relating to this period of his service other than his DD Form 214.
5. The DD Form 4 used in conjunction with his 14 September 1991 reenlistment in the U.S. Army Reserve (USAR) shows his SSN as "579-xx-xxxx."
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. There are no available records relating to his period of service from 25 March 1965 to 9 April 1968 other than his DD Form 214.
2. When he reenlisted in the USAR on 14 September 1991 his SSN was shown as "579-xx-xxx." It is reasonable to believe that the correct digit 7 was misread as a 1.
3. In view of the foregoing, it would be appropriate to grant the applicant's request to correct the SSN on his DD Form 214 issued for the period ending
9 April 1968.
4. There are no available records to verify the applicant's "last duty assignment and major command." However, his DD Form 214 indicates he was separated from Fort Bragg, not Vietnam. It must be presumed that the entry in item
12 of his DD Form 214 is correct. There is insufficient evidence to correct item 12 of his DD Form 214 as he requested.
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 deleting the entry in item 3 of his DD Form 214 and replacing it with the SSN as shown on the Social Security Card he provided.
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 correcting item 12 of his 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) AR20120002369
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ABCMR Record of Proceedings (cont) AR20120005056
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