BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008078
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 the first three digits of his Social Security Number (SSN) are "015" and his effective date of discharge is
29 July 1970.
2. The applicant states his DD Form 214 incorrectly reflects that the first three digits of his SSN are "051" and that his discharge date is 29 July 1969.
3. The applicant provides a copy of a DD Form 214 that has been altered and copies of his drivers license, Medicare card 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 Regular Army on 30 June 1969 for a period of 3 years. At the time of his enlistment his SSN was recorded as the same SSN that is reflected on his Social Security Card.
3. He was transferred to Fort Jackson, South Carolina to undergo his basic training and on 29 July 1969, 1 month after enlisting, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, due to not meeting medical fitness standards at time of enlistment.
4. His DD Form 214 issued at the time of his discharge shows that the first three digits of his SSN are "051" instead of "015." It also shows that he served 1 month of active service and that he was discharged on 29 July 1969. His discharge orders were published on 28 July 1969.
5. The DD Form 214 submitted by the applicant with his application has been altered to reflect 1 year of service instead of 1 month of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly reflected on his
DD Form 214 has been noted and found to have merit. The SSN contained on his Social Security Card is the SSN that he enlisted under; however, it appears that a typographical error was made during the preparation of his DD Form 214. Accordingly, his DD Form 214 should be corrected to reflect the SSN that is contained on his Social Security Card.
2. However, the applicants contention that he served 1 year instead of 1 month has been found to lack merit. The applicants enlistment and discharge orders are present in his official records and clearly show he served only 1 month of service. Accordingly, there is no basis to change the amount of service or date of discharge.
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 SSN contained on his DD Form 214 and entering the SSN that is contained 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 changing his discharge date.
__________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) AR20130008078
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ABCMR Record of Proceedings (cont) AR20130008078
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