IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006700
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 111-XX-XXXX
* total active service as 6 months and 28 days
2. The applicant states his SSN on his DD Form 214 is missing a digit; it should be listed as 111-XX-XXXX. Also, his total time in the service equals 6 months and 28 days; but his DD Form 214 shows his total active service equals 4 months and 1 day which is incorrect.
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 enlisted in the U.S. Army Reserve (USAR) on 23 November 1969 for a period of 6 years. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 23 November 1969, shows his SSN as
111-XX-XXXX.
3. He entered active duty for training (ADT) on 20 February 1970. He was assigned to Fort Dix, NJ, for basic training and advanced individual training (AIT).
4. He successfully completed basic training and AIT and he was honorably released from ADT on 20 June 1970 to the control of the USAR. He completed 4 months and 1 day of creditable active service during this period of service.
5. Item 3 (SSN) of the DD Form 214 shows his SSN as 11-XX-XXXX.
6. His DD Form 214 also shows in:
* item 22a(1) (Net Service this Period) 4 months and 1 day
* item 22a(2) (Other Service) 2 months and 27 days
* item 22a(3) (Total) 6 months and 28 days
* item 22b (Total Active Service) 4 months and 1 day
7. The applicant provides his social security card which shows his SSN as
111-XX-XXXX.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's SSN was listed as
111-XX-XXXX upon enlistment in the USAR. It appears an error was made during the preparation of his DD Form 214 when one digit of his SSN was omitted and his SSN was listed as 11-XX-XXXX. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
2. With respect to the amount of his total active service, this entry on the DD Form 214 reflects the amount of active duty service the Solder completed during the period covered by the DD Form 214 and does not include Reserve service. Although he had a total of 6 months and 28 days of total service, this included his Reserve service of 2 months and 27 days (23 November 1969 to 19 February 1970) which is shown in item 22a(3) of his DD Form 214. Item 22b of his DD Form 214 correctly shows his total active service as 4 months and 1 day (20 February to 20 June 1970). 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 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 entry in item 3 of the applicant's DD Form 214 and replacing it with the social security number 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 the amount of total active service he completed.
_______ _ 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) AR20130006700
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ABCMR Record of Proceedings (cont) AR20130006700
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