BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013067
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, in effect, correction of his 5 July 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was issued a DD Form 214, but he did not sign it. The DD Form 214 he received was signed by someone other than him and also shows a social security number (SSN) that is not his.
3. The applicant provides a copy of the 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. A DD Form 214 shows the applicant entered active duty on 29 October 1970, was honorably released from active duty (REFRAD) on 25 October 1972, and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 32 (Signature of Person Being Transferred or Discharged) shows the applicant's signature.
3. The applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) on 15 February 1990. He was ordered to active duty in support of Operation Desert Shield/Storm on 17 January 1991.
4. A DD Form 214 shows the applicant was honorably REFRAD on 5 July 1991 and transferred to an ARNG unit.
a. It also shows in:
* item 1 (Name - Last, First, Middle): G------, Michael Louis
* item 3 (SSN): xxx-xx-6739
* item21 (Signature of Member Being Separated) shows a signature that appears as "K----- N---- F-----" with the SSN "xxx-xx-5114"
b. A DD Form 215 (Correction to DD Form 214) was issued on 12 September 1991 to add the Overseas Service Ribbon to the DD Form 214.
5. The applicant was honorably discharged from the ARNGUS and Indiana ARNG on 24 March 2002.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The instructions for item 21 show that the signature indicates a Soldier has reviewed the DD Form 214 and accepts the information as being correct to the best of his or her knowledge. When a Soldier is not available, enter "SOLDIER NOT AVAILABLE TO SIGN." When Soldier refuses to sign, enter "SOLDIER REFUSED TO SIGN."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was issued a DD Form 214 for the period of active duty from 17 January 1991 through 5 July 1991. However, the evidence of record also shows that the applicant did not place his signature on the document, an appropriate entry was not entered in item 21 in the absence of his signature, and the document was apparently signed by another individual.
2. Therefore, based on the available evidence, it would be appropriate to correct the applicant's 5 July 1991 DD Form 214 by reissuing a corrected DD Form 214.
BOARD VOTE:
___X_____ ___X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. voiding his 5 July 1991 DD Form 214 and the DD Form 215 issued on
12 September 1991 and
b. issuing a corrected DD Form 214 for the period 17 July 1991 through
5 July 1991 that has SOLDIER NOT AVAILABLE TO SIGN in item 21.
___________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) AR20130013067
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013067
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002609
The applicant requests correction of the social security number (SSN) shown on his DD Form 214 (Certificate of Release of Discharge from Active Duty). His record contains a DD Form 215 (Correction to DD Form 214), dated 10 June 1992, which also list his SSN in item 3 as xxx-xx-xxx4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the current SSN entry and replacing it with the SSN as listed...
ARMY | BCMR | CY2013 | 20130001315
His records contain a: * DD Form 4/1 (Enlistment/Reenlistment Document), dated 30 April 1991, listing his SSN as "XXX-XX-XX04" on the first page and as "XXX-XX-XX07" on the last page * DD Form 93 (Record of Emergency Data), dated 30 June 1993, listing his SSN as "XXX-XX-XX07" * DA Form 2-1 (Personnel Qualification Record), prepared on 30 June 1993, listing his SSN as "XXX-XX-XX07" 3. The available evidence shows the applicant listed his SSN as "XXX-XX-XX07" at the time of enlistment in the...
ARMY | BCMR | CY2011 | 20110019036
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xxx-xx-610x" instead of "xxx-xx-106x." Item 2 (SSN) of the DA Form 2-1 (Personnel Qualification Record) that was created upon his entry on active duty shows his SSN as "xxx-xx-106x."
ARMY | BCMR | CY2013 | 20130020218
IN THE CASE OF: BOARD DATE: 8 July 2014 DOCKET NUMBER: AR20130020218 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) to show his social security number (SSN) as XXX-XX-XX90. The applicant's SSN appears as XXX-XX-XX90 on the DD Form 93 contained in his military records.
ARMY | BCMR | CY2010 | 20100013123
ARMY | BCMR | CY2015 | 20150001387
Application for correction of military records (with supporting documents provided, if any). d. The applicant served a qualifying period of service for award of the National Defense Service Medal and should have his DD Form 214 corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * voiding his DD Form 215, dated 5 May 2005 * deleting from item 32 of his DD Form 214 ending on 19 September 1966 the...
ARMY | BCMR | CY2014 | 20140013208
The applicant requests correction of the following documents to show social security number (SSN) XXX-XX-3791: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 December 1965 * DD Form 215 (Correction to DD Form 214), dated 29 June 2006 2. His DD form 47 (Record of Induction) does not show his SSN. This regulation stated to transcribe a Soldier's social security account number (SSAN) from the DA Form 24 and enter it in item 32 of...
ARMY | BCMR | CY2011 | 20110023607
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct social security number (SSN). On 21 July 1977, the applicant submitted a DD Form 149 (Application for Correction of Military or Naval Record under the provisions of Title 10, U.S. Code, section 1552) requesting a correction to his DD Form 214 to show his SSN as "XXX-XX-1XXX." The evidence of record shows the applicant was discharged on 7 April 1967 and he was issued a DD Form...
ARMY | BCMR | CY2012 | 20120002369
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct his DD Form 214 and DD Form 215 to show his SSN as "367-xx-xxxx." 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 SSN as shown on his DD Form 4 and DD Form 398.
ARMY | BCMR | CY2014 | 20140012110
The applicant requests correction of his military service records to show his Social Security Number (SSN) as "XXX-XX-XX89" instead of "XXX-XX-XX31." All three DD Forms 4 show his SSN is recorded as "XXX-XX-XX31" in item 2. Documents in the applicant's military personnel record consistently show his SSN was recorded as ""XXX-XX-XX31" throughout the period of his service.