IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014656
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) as follows:
* item 3 (Social Security Number (SSN)) to show his SSN as "449-xx-xxxx" instead of "499-xx-xxxx" (the number 4 instead of the number 9 in the second digit)
* item 32 (Remarks) to show his Blood Group as "AB Negative" instead of just "B"
2. The applicant states he did not catch the errors until he tried to receive Department of Veteran Affairs (VA) benefits and a VA medical card.
3. The applicant provides:
* DD Form 214
* Letter from the Social Security Administration (SSA)
* Social Security Card
* Post Donation Care Instructions sheet
* Donor Identification Card
* Letter from the National Personnel Records Center
* Congressional correspondence
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to his induction into the Army of the United States (AUS), the applicant underwent an enlistment physical at the Houston Armed Forces Examining Entrance Station. His Standard Form 88 (Report of Medical Examination) did not indicate his blood type in item 49 (Blood Type and RH Factor).
3. The applicant was inducted into the AUS on 16 August 1966. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN or his Blood Group.
4. His Standard Form 601 (Immunization Record), dated 20 August 1966, listed his Service Number and his Blood Type as "B Negative."
5. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "449-xx-xxxx."
6. Multiple documents are filed in his service record, including separation orders, several reassignment orders, and temporary duty orders, that reflect his SSN as "449-xx-xxxx" in some instances and "499-xx-xxxx" in others.
7. He completed a DD Form 398 (Statement of Personal History) on 23 February 1968 but did not list a SSN on this form.
8. He underwent a separation physical at the U.S. Army Dispensary, Darmstadt, Germany, on 31 July 1968. His Standard Form 88 again did not list his Blood Group.
9. He was honorably released from active duty on 1 October 1968. His DD Form 214 shows in item 3, the entry "499-xx-xxxx" and in item 32, the entry "Blood Group B."
10. He provides:
a. A printout from the SSA indicating an individual with a name similar to the applicant's is assigned the SSN "449-xx-xxxx" together with a Social Security Card reflecting the same information.
b. A Donor Identification Card also reflecting a name similar to the applicant's and listing the Blood Type as "AB Negative."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The version in effect at the time of his discharge states item 3 shows the SSN and item 32 shows various entries including the Blood Group.
DISCUSSION AND CONCLUSIONS:
1. With respect to the applicant's SSN, although the applicant's Record of Induction identified him by his Service Number and did not list his SSN, several documents in his service record list his SSN as "449-xx-xxxx." This SSN is consistent with the one listed on the SSA printout and the Social Security Card he provides. Therefore, his DD Form 214 should be corrected to reflect this SSN.
2. The available evidence shows the applicant's Blood Group was listed as "B Negative" on his Immunization Record. It is unclear why his blood type has changed to the current "AB Negative." One can only presume a typographical error was committed when his Immunization Record was created. He should be entitled to correction of his DD Form 214 to show the correct Blood Group.
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:
* deleting from item 3 the current SSN and replacing it with the SSN listed on his Social Security Card
* deleting from item 32 the current Blood Group and replacing it with the Blood Group listed on his Donor Card
_______ _ 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) AR20130014656
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ABCMR Record of Proceedings (cont) AR20130014656
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