IN THE CASE OF:	  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120009050


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 military record to show:

a.  his social security number (SSN) as ”XXX-XX-8812" instead of
"XXX-XX-7712"; and

b.  his correct days of service.

2.  The applicant states one of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) has an incorrect SSN and the other one has his incorrect days of service.

3.  The applicant provides:

* a social security card
* General Discharge Certificate
* Honorable Discharge Certificate
* DD Form 214 issued on 3 December 1967
* DD Form 214 issued on 9 May 1968

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 military record contains a DD Form 398 (Statement of Personal History) that he completed during his induction processing.  
Item 13 (Employment) contains a block for his SSN which he completed by entering the SSN "XXX-XX-8812."

3.  On 29 November 1967, the applicant was inducted into the Army of the United States.  He was honorably discharged on 3 December 1967, for the purpose of enlisting into the Regular Army (RA) which was accomplished the following day.  The DD Form 214 issued at that time confirms he completed 5 days of creditable military service.

4.  On 4 December 1967, the applicant enlisted in the RA.  His DA Form 20 (Enlisted Qualification Record) lists his SSN as "XXX-XX-8812."  Item 21 (Time Lost) shows he accrued a total of 66 days time lost during the following periods for the reasons indicated:

* 3 - 7 February 1968 - (5 days absent without leave (AWOL) 
* 2 - 5 March 1968 - (4 days AWOL)
* 13 - 27 March 1968 - (15 days AWOL)
* 28 March - 8 May 1968 - (42 days confinement)

5.  On 9 May 1968, the applicant was discharged from active duty with a general, under honorable conditions discharge.  His DD Form 214 shows in:

* Item 3 (SSN) – "XXX-XX-7712"
* Item 11d (Effective) – "9 May 68"
* Item 17c (Date of Entry) – "4 Dec 67"
* Item 22(1) (Net Service This Period) – "0  3  1" or (3 months and 1 day)
* Item 22(2) (Other Service) - "0  0  5" or (5 days)
* Item 22(3) (Total) and Item 22b (Total Active Service) "0  3  6" or (3 months and 6 days)
* Item 26a (Non-Pay Periods Time Lost) – includes the entry "66 days lost"


6.  All documents on file in the applicant's Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file (OMPF)) containing his SSN list the SSN that he claims is correct (XXX-XX-8812) with the exception of his final DD Form 214 issued on 9 May 1968.

7.  He provides a copy of his SSN card which shows his SSN is XXX-XX-8812.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.

9.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparing the DD Form 214.  It states that the following will be entered in the items indicated:

	a.  item 11d will show the date separation is accomplished;

   b.  item 17c will show the date entered active duty;
   
   c.   is applicable to Soldiers who were inducted into military service only and will contain the date of induction;

   d.  item 22a(1) will show the total active service the Soldier completed between the inclusive dates of the current tour of duty:
   
   e.  item 22a(2) states to enter all prior service excluding any service shown in item 22a(1);
   
   d.  item 22a(3) states to enter the total service completed between the dates shown in items 17c and 11d, as represented by continual service less lost time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his correct SSN and correct days of service.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The applicant's military record confirms he was inducted and served under the SSN he claims is correct.  This is the same SSN shown on documents prepared during his induction process, upon his entry into the RA, and all other documents maintained in his AMHRR.  Therefore, item 3 of his final DD Form 214 issued on 9 May 1968 should be corrected accordingly.

3.  The evidence of record confirms the applicant initially completed 5 days active duty service from 29 November - 3 December 1967 and this service is correctly documented on his initial DD Form 214 issued on 3 December 1967.  A second DD Form 214 issued to him on 9 May 1968 accurately documents his 3 months and 1 day service completed from 4 December 1967 through 9 May 1968; 5 days prior active duty service; 3 months and 6 days of total creditable active duty service; and 66 days time lost.  Accordingly, his service is correctly documented on both of his DD Forms 214.  Therefore, there is no basis upon which to grant this portion of the applicant’s request.

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 the SSN from item 3 of his DD Form 214 issued on 9 May 1968 and adding the SSN as it is listed 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 his days of service.



      _______ _  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)                                         AR20120006817



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ABCMR Record of Proceedings (cont)                                         AR20120009050



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