IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009579
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect:
* in item 3 that his correct Social Security Number (SSN) contains a 9 as the second digit
* in item 22c that he served 1 year and 1 month in Vietnam
2. The applicant states that his DD Form 214 incorrectly reflects in item 3 that the second digit of his SSN is a 0 and item 22c reflects that he served
11 months and 26 days in Vietnam; however, he served 1 year and 1 month in Vietnam.
3. The applicant provides a one-page letter explaining his application and a copy of his 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 14 June 1968, the applicant was inducted into the Army of the United States and his induction orders, DD Form 47 (Induction Record), and his application for an identification card all show his SSN contained a 9 as the second digit. He completed his training and was transferred to Vietnam. However, upon his departure from Vietnam enroute to Fort Eustis, Virginia, the applicant lost his official records and temporary records were reconstructed at Fort Eustis based on an affidavit from the applicant.
3. On 1 August 1970, he was honorably released from active duty due to the expiration of his term of service. He had completed 2 years of active service and he had 49 days of lost time. The DD Form 214 he was issued at the time of release from active duty shows:
* in item 3 that his SSN contains a 0 as the second digit
* in item 20c that he served 11 months and 26 days in Vietnam during the period 29 December 1968 to 24 December 1969
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 reflects an incorrect SSN has been noted and found to have merit. At the time of induction his records were prepared to reflect that a "9" was the second digit of his SSN; however, when his DD Form 214 was prepared it reflected a "0" as the second digit, which apparently was an administrative error. Accordingly, it should be corrected at this time.
2. However, the applicants contention that his DD Form 214 incorrectly reflects his service in Vietnam appears to lack merit. The applicant lost his military records during his return from Vietnam and provided the dates of his service in Vietnam at the time his records were reconstructed in 1970.
3. Accordingly, since there are no records to show exactly what period he served in Vietnam, it must be presumed that the dates he provided 40+ years ago were as close to being as accurate as possible.
4. Therefore, in the absence of evidence to the contrary, there appears to be no basis to change the dates of his service in Vietnam.
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 entry in item 3 of his DD Form 214 and adding the SSN as it is listed on his DD Form 47.
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 the period he served in Vietnam.
_______ _ _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) AR20130009579
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ABCMR Record of Proceedings (cont) AR20130009579
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