BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130006966 


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-xx59" instead of "xxx-xx-xx90."  He also requests correction of his race on his DD Form 214 to show "African American" instead of "Caucasian."

2.  The applicant states the SSN and race shown on his DD Form 214 are incorrect.  He contends this type of incorrect information can affect his death and burial benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides his:

* DD Form 214
* Social Security card, issued on 22 February 2010

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 11 October 1965, the applicant was inducted in the Army of the United States.  At the time, Soldiers were issued service numbers.

3.  The applicant's record contains the following documents showing his SSN as recorded on his Social Security card:

* DA Form 20 (Enlisted Qualification Record), prepared and last audited by the applicant on 16 June 1967
* DA Form 2139 (Military Pay Voucher) for the period 21 July to 3 August 1968

4.  On 21 September 1967, the applicant was honorably released from active duty.  He completed 1 year, 11 months, and 11 days of total active service.

5.  Review of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-xx90."  His DD Form 214 does not show contain a block to reflecting a Soldier's race.  There is also no entry in the remarks section showing his race.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated for:

	a.  item 3 (SSN), transcribe SSN from DA Form 2139.

	b.  There was no specified item number to reflect a Soldier's race.

7.  Prior to 1967, Army Regulation 635-5 and the corresponding DD Forms 214 stated, in effect, for items 7a through f, enter the individual's race, sex, color hair, color eyes, height, and weight in the appropriate block.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as it is listed on his Social Security card to enter his race as African American vice Caucasian.

2.  The evidence of record contains several documents that reflect the same SSN as shown on his Social Security card.  It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in the incorrect SSN being recorded.  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
DA Form 2139.

3.  Prior to 1967, the DD Form 214 then in effect required a Soldier's race, sex, color hair, color eyes, height, and weight in the blocks specified in items 7a to f.  However, effective 1 January 1967, Army Regulation 635-5 and the DD Form 214 was revised to eliminate these specified items on the DD Form 214.  As such, at the time of the applicant's separation from active duty there was no provision for entering these data on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

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 Social Security number as shown on his Social Security card and DA Form 2139.


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 showing his race 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)                                         AR20130006966



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006966



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1