IN THE CASE OF:	  

		BOARD DATE:	    15 May 2014

		DOCKET NUMBER:  AR20130016945 


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 (Certificate of Release or Discharge from Active Duty) ending on 31 January 1993 to show his social security number (SSN) as 391-XX-XXXX, instead of 319-XX-XXXX.  Additionally, he requests a review of his records to ensure he's receiving full credit for the service he completed.

2.  The applicant states he applied for social security benefits on 30 August 2013.  During the application process, a social security official reviewed his DD Form 214 and stated his total amount of service may be incorrectly shown on that form.

3.  The applicant provides his DD Form 214, social security card, and Officer Record Brief (ORB).

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 20 August 1969, the applicant enlisted in the Regular Army, for the Officer Candidate Training Program.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as 391-XX-XXXX.

3.  On 16 July 1970, he was honorably discharged from the Army for the purpose of accepting an appointment as a commissioned officer in the Army.  His 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows the following entries:

   a. Item 2 (Service Number) his SSN as 391-XX-XXXX.

   b. Item 22b. (Statement of Service – Total Active Service) he was credited with completing 10 months and 27 days of total active service as of his date of discharge.

4.  On 17 July 1970, the applicant was appointed as a Reserve commissioned officer of the Army, Adjutant General (AG) Corps, in the rank of second lieutenant and entered extended active duty..  His appointment letter identifies his SSN as 391-XX-XXXX.

5.  He served through numerous stateside and overseas assignments, in positions of increased responsibility, and on 1 November 1987, he was promoted to the rank of lieutenant colonel (LTC).  His promotion orders identify his SSN as 391-XX-XXXX.

6.  On 31 January 1993, he was honorably retired from the Army.  His DD Form 214 for this period shows the following entries:

   a. Item 3 (SSN) his SSN as 319-XX-XXXX.

   b. Item 12a. (Record of Service – Date Entered AD (Active Duty) This Period) the entry "70 – 07 – 17," indicating he entered active duty on   17 July 1970.

   c. Item 12b. (Record of Service – Separation Date This Period) the entry "93 – 01 – 31," indicating he was separated from the Army on 31 January 1993.

   d. Item 12c. (Record of Service – Net Active Service This Period) the entry "22 – 06 – 14," indicating he was credited with completing 22 years, 6 months, and 14 days of active service during this period of active service.
   e. Item 12d. (Record of Service – Total Prior Active Service) the entry 
"00 – 10 – 27," indicating he was credited with completing 10 months and 27 days of prior active service.

7.  The documents contained in his Military Personnel Records Jacket (MPRJ) identify his SSN as 391-XX-XXXX.  The contested SSN does not appear in his MPRJ, with the exception of his DD Form 214 for the period ending 31 January 1993.

8.  His MPRJ contains a DA Form 3713 (Data for Retired Pay) that shows he was credited with completing 23 years, 5 months, and 11 days of total active service for retirement.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214, for the period ending 31 January 1993, to show his SSN as 391-XX-XXXX was carefully considered and was determined to have merit.

2.  The evidence of record shows his SSN was consistently represented as    391-XX-XXXX throughout his period of military service, with the exception of his DD Form 214 for the period ending 31 January 1993.  The contested SSN does not appear elsewhere in his records.

3.  In view of the foregoing, it can be presumed the entry of his SSN on his DD Form 214, for the period ending 31 January 1993, was incorrect as a result of a clerical error; therefore, he is entitled to correction of this DD Form 214 to show his SSN as 391-XX-XXXX.

4.  The applicant requested a review of his records to ensure he's receiving full credit for his completed service.  Upon review of his relevant service documents (i.e., DD Forms 214, appointment orders, retirement orders, and DA Form 3713), and when adding the individual periods of active duty represented on his two separate DD Forms 214, he should have received credit for 23 years, 5 months, and 12 days of total active service.  His DA Form 3713 shows he received credit for 23 years, 5 months, and 11 days of total active service. 

5.  It appears his total service computed for retirement may be in error by 1 day; however, since he did not cite a specific error, or the total time his calculated service should equal (versus the actual calculated total), there is an insufficient basis to correct any possible error at this time.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 3 of his DD Form 214 to show the SSN that is listed on his social security card.

2.  The Board further determined 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 the correction of his active service calculation used to determine his retired pay.



      ___________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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20130016945



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