IN THE CASE OF:	  

		BOARD DATE:  11 June 2013

		DOCKET NUMBER:  AR20120021145 


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:

* his social security number (SSN) as "XXX-XX-XXX3" instead of
"XXX-XX-XXX7"
* the correct assignment
* a number of other things

2.  The applicant states his SSN and a number of other things, including his assignment, are wrong on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Congressional correspondence
* Social Security card

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.  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 "XXX-XX-XXX3."

3.  He enlisted in the Regular Army on 2 July 1969 for a period of 3 years.  Item 1 (Service Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his SSN as "XXX-XX-XXX3."  He authenticated this form with his signature.

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty also listed the same SSN as shown on his enlistment contract.

5.  He served in Vietnam from 8 April 1970 to 1 March 1971.  He was assigned to the 40th Signal Battalion.

6.  Upon completion of his Vietnam tour, he was reassigned to the Reception and Processing Company, U.S. Army Southeastern Signal School, Fort Gordon, GA. 

7.  On 26 April 1971, he departed his unit in an absent without leave (AWOL) status and on 24 May 1971, he was dropped from the rolls of his unit in a deserter status.  He surrendered to military authorities at Omaha, NE on
13 August 1971.  He was subsequently transferred to the U.S. Army Personnel Control Facility (PCF), Fort Riley, KS.

8.  On 14 October 1971, the PCF unit commander initiated separation action against him under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) for unfitness with a recommendation for an undesirable discharge.

9.  On 18 October 1971, having been advised by counsel, the applicant waived consideration of his case by and personal appearance before a board of officer.  He further elected not to submit statements in his own behalf.

10.  On 18 October 1971, the intermediate commander concurred with the unit commander's recommendation for discharge with an undesirable discharge.

11.  On 27 October 1971, the separation authority approved the recommended discharge action.  However, he directed the applicant be furnished a General Discharge Certificate.

12.  On 11 November 1971, he departed the PCF in an AWOL status but he returned to military control on 18 November 1971.

13.  He was discharged on 18 November 1971.  He completed 1 year, 9 months, and 5 days of total active service with 222 days of time lost.  The DD Form 214 he was issued at the time shows in:

* Item 3 (SSN) the entry "XXX-XX-XXX7"
* Item 12 (Last Duty Assignment and Major Command) the entry "USA PCF, Fort Riley, Kansas, 5th U.S. Army"

14.  His service record contains multiple documents listing his SSN as
"XXX-XX-XXX3."  He authenticated some of these documents with his signature. These documents include:

* Armed Forces Fingerprints Card
* DD Form 1584 (National Agency Check Request)
* Special Orders Number 128, issued by the Armed Forces Examining and Entrance Station, Des Moines, IA, dated 2 July 1969 (Enlistment orders)
* Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election)

15.  The applicant submitted a Social Security card that shows his SSN as
"XXX-XX-XXX3."

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states 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.  The evidence of record shows the applicant's SSN was listed as
"XXX-XX-XXX3" upon his enlistment and entry on active duty.  The SSN he listed at that time is consistent with the SSN shown on several documents throughout his service.  It appears that during the preparation of his DD Form 214, an administrative error occurred that resulted in the last digit of his SSN being recorded as "7" instead of "3."  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his Social Security card and DD Form 4.

2.  When the applicant returned from his deserter status on 13 August 1971, he did so in Omaha, NE.  He was transferred to the U.S. Army PCF at Fort Riley.  He remained assigned to this unit - for legal action, accountability, administration, and other actions - until he was discharged on 18 November 1971.  This unit was his last unit of assignment and it is properly listed on his DD Form 214.  As such, there is no reason to change it.

3.  The applicant indicated there are a number of other things that are wrong on his DD Form 214.  However, he neither specified what entries are wrong nor provided evidence to support his contention.  Therefore, there is an insufficient evidentiary basis for making any additional changes or corrections to his DD Form 214.

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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN shown on his Social Security card and DD Form 4.

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 changing his unit of assignment or changing/correcting any other items on 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)                                         AR20120021145



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ABCMR Record of Proceedings (cont)                                         AR20120021145



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