BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005400
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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* item 3 (Social Security Number) - change the fifth digit of his social security number (SSN) to a "4" instead of an "8"
* item 30 (Remarks) - change his blood group to "O negative" instead of "A"
2. The applicant states he will be filing for social security benefits soon and he doesn't want this SSN error to cause a delay. His DD Form 214 is showing the incorrect blood type and he doesn't want to receive the wrong blood at a Department of Veterans Affairs (VA) facility if ever necessary.
3. The applicant provides his:
* social security card
* DD Form 214
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 12 April 1966, he enlisted in the Regular Army. He was assigned an Army service number (ASN) as the primary source of identification. His DD Form 4 (Enlistment Record - Armed Forces of the United States) does not reflect an SSN.
3. The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the fifth digit as a "4":
* DD Form 398 (Statement of Personal History), signed by him on 10 April 1966
* DA Form 41 (Record of Emergency Data), signed by him on 8 July 1968
* DA Form 20 (Enlisted Qualification Record), signed by him on 8 July 1968
4. Additional forms in his MPRJ that show his SSN show it with the fifth digit as
a "4."
5. On 30 January 1969, he was released from active duty. His DD Form 214 shows in:
* Item 3 - his SSN with the fifth digit as an "8"
* Item 30 - his blood group as "A"
6. His DA Form 20 does not contain an entry showing his blood group. His service medical records were not available for review.
7. There is no DA Form 2139 (Military Pay Voucher) in his official record.
8. The social security card he submitted shows his SSN with the fifth digit as
a "4."
9. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.
a. The social security number in item 3 was to be transcribed from the Soldier's DA Form 2139 (Military Pay Voucher).
b. The Soldier's blood group, taken from his Immunization Record (Standard Form 601) or the DA Form 20, would be entered in Item 30.
DISCUSSION AND CONCLUSIONS:
1. During the period of the applicant's service, Soldiers were identified by their ASN. The Army did not start using SSNs as the primary source of identification until 1 July 1969.
2. The applicant's DD Form 398, DA Form 41, DA Form 20, as well as his social security card show his SSN with the fifth digit as a "4." Therefore, there is sufficient evidence to change item 3 of his DD Form 214 to show his SSN as shown on his social security card.
3. The applicant contends the blood group information on his DD Form 214 is incorrect. However, he did not submit any evidence or official documentation to support his contention. The applicant's service medical records were not available for review and his DA Form 20 did not contain any information showing his blood group. Therefore, there is insufficient evidence to change the blood group on 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 changing his SSN in item 3 of his DD Form 214 to read as shown 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 the applicant's blood group.
_______ _ 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.
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