IN THE CASE OF:	  

		BOARD DATE:  29 August 2013

		DOCKET NUMBER:  AR20130000763 


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-XX05" vice "XXX-XX-XX50"
* rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4

2.  The applicant states, in effect, his SSN is wrong on this DD Form 214 and his rank upon separation was E-5.

3.  The applicant provides his DD Form 214 and 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.  The applicant's records show he was inducted into the Army of the United States (AUS) on 9 January 1968 in the rank/grade of private/E-1 and he held military occupational specialty 11C (Indirect Fire Infantryman).  His DD Form 47 (Record of Induction), dated 9 January 1968, shows his SSN as "XXX-XX-XX05."

3.  Special Orders (SO) Number 6, dated 9 January 1968, issued by the Armed Forces Examining and Entrance Station, Los Angeles, CA, assigned him to the U.S. Army Reception Station, Fort Ord, CA.  These orders show his SSN as "XXX-XX-XX05."

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "XXX-XX-XX50."

5.  He was advanced to the rank/grade of private/E-2 on 9 May 1968.

6.  SO Number 37, dated 9 July 1968, issued by Headquarters (HQ) Company, 2nd Battalion, 504th Infantry, Fort Bragg, NC, appointed him to the rank/grade of private first class/E-3 effective 26 June 1968.

7.  SO Number 289, dated 30 November 1968, issued by HQ, 82nd Airborne Division, Fort Bragg, NC, promoted him to the temporary (T) rank/grade of SP4/E-4 effective 13 November 1968.

8.  SO Number 4, dated 7 January 1970, issued by HQ, Personnel Center U.S. Army Garrison Troop Command, Fort Bragg, NC, released him from active duty effective 8 January 1970.  These orders show his SSN as "XXX-XX-XX50" and his rank as SP4.

9.  He was honorably released from active duty on 8 January 1970 and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service.

10.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX50."  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) show the entries SP4 (T) and E-4, respectively.

11.  His records contain several personnel, finance, medical, and legal documents, including assignment orders and a DA Form 41 (Record of Emergency Data), that show his SSN as "XXX-XX-XX05."

12.  His records also contain several orders that show his SSN as 
"XXX-XX-XX50."

13.  There are no orders in his records that show he was ever promoted to SGT.

14.  The applicant provides his social security card which shows his SSN as "XXX-XX-XX05."

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated for enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record confirms the applicant's SSN was recorded as 
"XXX-XX-XX05" upon his entry into the AUS and this is the SSN he used throughout his military service.  It appears an administrative error occurred during the preparation of his DA Form 20 and his SSN erroneously recorded as 
"XXX-XX-XX50."  This error was compounded during the preparation of several orders and his DD Form 214 when his SSN recorded as "XXX-XX-XX50."  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "XXX-XX-XX05."

2.  With respect to correction of his DD Form 214 to show his rank as SGT, the evidence of record does not show and the applicant has not provided any evidence that shows he was promoted to the rank of SGT or ever held this rank prior to his separation.  His DD Form 214 correctly shows his rank/grade as SP4 (T)/E-4.  Therefore, he is not entitled to this portion of the requested relief.

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 deleting the entry in item 3 of his DD Form 214 and replacing it with the SSN as shown on his social security card.

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 correction of his DD Form 214 to show his rank/grade as SGT/E-5.



      _______ _  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)                                         AR20130000763



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ABCMR Record of Proceedings (cont)                                         AR20130000763



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