IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120004627
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN), Date of Birth (DOB) and the date of his release from active duty (REFRAD).
2. The applicant states that his DD Form 214 incorrectly reflects that the last four digits of his SSN are 7280 instead of 7820, that his DOB is 18 August instead of 19 August and that he was REFRAD on 19 June 1967 instead of 19 June 1969.
3. The applicant provides a copy of his birth certificate, Social Security card, DD Form 214, and orders transferring him to Vietnam.
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 was inducted into the Army of the United States on 14 November 1967. At the time of his induction, his SSN was recorded in his records as having the last four digits of 7820 and his DOB was recorded as 19 August. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a metal body repairman at Aberdeen Proving Ground, Maryland before being transferred to Vietnam on 10 May 1968.
3. He was assigned to the 618th Heavy Equipment Maintenance Company until 1 November 1968 when he was transferred to the 560th Maintenance Company where he remained until he departed Vietnam on 18 June 1969 and was transferred to Fort Lewis, Washington where he was honorably REFRAD on 19 June 1969.
4. His DD Form 214 issued at the time of his REFRAD shows in block 3 that the last four digits of his SSN are 7280, in block 9 that his DOB is 18 August, and in block 11d that his effective date of REFRAD was 19 June 1967. He had served 1 year, 7 months and 6 days of active service.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects his SSN, DOB and dated of REFRAD has been noted and found to have merit.
2. His records show the last four of his SSN as 7820 and were incorrectly reflected as 7280, that his DOB was recorded as 19 August but was reflected as 18 August on his DD Form 214, and that his date of REFRAD was 19 June 1969 instead of 19 June 1967 as reflected on his DD Form 214.
3. Accordingly, his records should be corrected to reflect his correct SSN, DOB and date of REFRAD.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the SSN contained in block 3 of his DD Form 214 and entering the SSN that is reflected on his Social Security card
* Deleting the entry 18 AUG 48 from block 9 of his DD Form 214
* Entering the entry 19 AUG 48 in block 9 of his DD Form 214
* Deleting the entry 19 JUN 1967 from block 11d of his DD Form 214
* Entering the entry 19 JUN 1969 to block 11d of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110023488
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120004627
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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