BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120006673
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 (Report of Separation from Active Duty) to show his correct:
* entry date
* social security number (SSN).
2. The applicant states, in effect, he entered active duty on 5 May 1972 and the ninth digit of his SSN should be listed as a "3" on his DD Form 214.
3. The applicant provides a 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 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's DD Form 4 (Enlistment Contract) shows he enlisted in the Regular Army on 5 May 1972. His DD Form 4 also shows the SSN he claims is correct.
3. He was released from active duty on 4 February 1974. His DD Form 214 shows he entered active duty on 5 May 1974 and the ninth digit of his SSN is listed as "2."
4. Army Regulation 635-5 (Separations 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 4 clearly shows he enlisted in the Regular Army on
5 May 1972 and he listed the ninth digit of his SSN as "3." It is evident that errors were made in the preparation of his DD Form 214 in that the incorrect date of entry on active duty and an incorrect SSN were recorded. Therefore, his
DD Form 214 should be corrected to show the correct date of entry on active duty and the correct SSN.
BOARD VOTE:
__x______ ___x_____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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
amending his DD Form 214 by:
a. deleting the entry in item 18 (Date Entered Active Duty This Period) and adding the entry "5 May 1972"; and
b. deleting the entry in item 3 (SSN) and adding the SSN as it is listed on his DD Form 4.
_______ _ 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) AR20120006673
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006673
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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