IN THE CASE OF:	  

		BOARD DATE:	  15 November 2013

		DOCKET NUMBER:  AR20120008805 


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:

* the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the orders releasing him from active duty
* item 25 (Education and Training Completed) of his DD Form 214 to show he was trained in military occupational specialty (MOS) 62B3O (Construction Equipment Repairman)
* item 30 (Remarks) of his DD Form 214 to show his blood type as "A positive"

2.  He states typographical errors were made in entering his SSN and blood type, and his training records are incomplete.

3.  He provides:

* DD Form 214
* release from active duty orders
* Honorable Discharge Certificate
* social security card
* Affidavit, License, and Certificate of Marriage
* Certified Transcript of Birth



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.  On 28 December 1965, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded MOS 62B.

3.  Item 15 (Blood Type) of an approved DA Form 428 (Application for Identification Card), dated 4 January 1966, shows his blood type as "A POS."

4.  A DD Form 398 (Statement of Personal History) signed by the applicant on 27 February 1967 shows "XXX-38-XXXX" in the block provided for his SSN.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 1 (Name and Service Number) his SSN entered as "XXX-38-XXXX"
* item 22 (Military Occupational Specialties) he was awarded primary MOS (PMOS) 62B2O on 25 June 1966
* item 27 (Military Education) he completed the 9-week course for MOS 62B2O in 1966
* item 33 (Appointments and Reductions) he was promoted to specialist five (SP5)/E-5 effective 7 June 1968
* item 38 (Record of Assignments) he was assigned to duty MOS (DMOS) 62B3O on 6 September 1966 and DMOS 62B2O on 10 August 1967

6.  His blood group is not shown on his DA Form 20 and his record does not contain a Standard Form 601 (Immunization Record).

7.  On 18 August 1968, Headquarters, U.S. Army Personnel Center, Oakland, CA, issued Special Orders Number 231 Extract releasing him from active duty and transferring him to the U.S. Army Reserve (USAR) effective the date of the orders.  The orders show he held MOS 62B2O and show his SSN as 
"XXX-38-XXXX."

8.  His DD Form 214 shows he was honorably released from active duty in the rank/grade of SP5/E-5 on 18 August 1968 after completing 2 years, 7 months, and 21 days of total active service.  The form shows in:

* item 3 (SSN) – "XXX-58-XXXX"
* item 25 – "ENGR EQUIP MAINT 62B2O USA ENGR 9WKS 1966"
* item 30 – "BLOOD GROUP:  'O'"

9.  On 15 December 1971, the U.S. Army Reserve Components and Administration Center issued Letter Orders Number 12-1318355 discharging him from the USAR.  The orders show his SSN as "XXX-38-XXXX."

10.  He provides a social security card showing his SSN as XXX-38-XXXX.

11.  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 the standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated for:

	a.  item 25 for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has successfully completed during the period covered by the DD Form 214.

	b.  item 30, enter the blood group from the Standard Form 601 or the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The record clearly shows errors in the SSN shown on Special Orders Number 231 Extract and his DD Form 214.  It would be appropriate to amend these documents to show the SSN shown on his social security card.

2.  His record includes an approved DA Form 428 showing his blood type as "A POS," and in his application he indicates this is his blood type.  It would be appropriate to amend his DD Form 214 to show his blood type as "A POS."

3.  The governing regulation in effect at the time of his release from active duty stated entries in item 25 of the DD Form 214 for enlisted personnel were to include installation training courses (qualification courses), military correspondence courses, and off-duty courses completed successfully during the period covered by the DD Form 214.  His record shows he completed the course for MOS 62B2O which is properly shown on his DD Form 214.  He did not complete a course for MOS 62B3O; therefore, there is no basis for correcting his DD Form 214 to show he was trained in this MOS.

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:

	a.  amending Special Orders Number 231 Extract to show the SSN shown on his social security card, 

	b.  amending item 3 of his DD Form 214 to show the SSN shown on his social security card, and

	c.  amending item 30 of his DD Form 214 to show his blood type as "A POS."

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 25 of his DD Form 214 to show he was trained in MOS 62B3O.



      ____________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)                                         AR20120008805



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ABCMR Record of Proceedings (cont)                                         AR20120008805



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