IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130017524
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 his social security number (SSN) as XXX-XX-4026 and his dates of foreign service in Vietnam.
2. The applicant states his SSN is XXX-XX-4026, not XXX-XX-4850 as shown on his DD Form 214. The applicant further states his DD Form 214 does not show credit for his tour in Vietnam.
3. The applicant provides copies of his social security card, two envelopes postmarked from Vietnam, and 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 15 December 1965, the applicant enlisted in the Regular Army. His records consistently show the use of the SSN XXX-XX-4026.
3. On 13 December 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his SSN as
XXX-XX-4850.
4. His DD Form 214 also shows he was awarded the Vietnam Service Medal; however, there are no records available which provide the specific dates of his service in Vietnam.
5. The applicant's records contain an Army National Guard Current Annual Statement, dated 1 October 1991, which shows his SSN as XXX-XX-4026.
6. The applicant provided a copy of his social security card which shows his SSN as XXX-XX-4026.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214 and it should be corrected.
2. The applicant's records clearly show he served in Vietnam; however, there is no evidence that validates the specific dates. Absent evidence which shows the specific dates of his service in Vietnam, his DD Form 214 cannot be amended to show his Vietnam service 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 his DD Form 214 to show his SSN as shown 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 foreign service credit.
_____________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) AR20130017524
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017524
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100025268
ARMY | BCMR | CY2015 | 20150001800
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. The following documents contained in his available military personnel records, show his SSN consistently appears as XXX-XX-X010: * DA Form 20 (Enlisted Qualification Record) * General Orders Number 5714, dated 7 November 1969 * DD Form 1407...
ARMY | BCMR | CY2015 | 20150003805
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 shows his SSN as XXX-XX-0145. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the SSN listed on his social security card.
ARMY | BCMR | CY2011 | 20110024728
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-XXX9" instead of "XXX-XX-XXX5." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his social security card and DD Form 398. _______ _ _X______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2013 | 20130016299
BOARD DATE: 13 May 2014 DOCKET NUMBER: AR20130016299 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 3 (SSN) of this form shows his SSN as XXX-XX-7181. ABCMR Record of Proceedings (cont) AR20130016299 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016299 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2015 | 20150000749
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his social security number (SSN) as XXX-XX-X9XX * award of the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device 2. Therefore, it would be appropriate to correct his DD Form 214 to show them. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current SSN shown in item...
ARMY | BCMR | CY2011 | 20110013230
Application for correction of military records (with supporting documents provided, if any). He served in Vietnam during the period 17 August 1970 to 25 February 1972 and his DD Form 214 shows only 6 months and 9 days of foreign service. His military records show he enlisted in the Regular Army on 16 February 1970.
ARMY | BCMR | CY2012 | 20120003461
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-0562." Therefore, the evidence is sufficient to correct his DD Form 214 to show his SSN as "XXX-XX-0562." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his SSN as shown on the social security card he submits.
ARMY | BCMR | CY2010 | 20100010721
His records contain a DD Form 47 (Record of induction), dated 13 November 1967, that indicates his SSN is xxx-xx-x1xx. The evidence of record and Social Security card provided by the applicant is sufficient to warrant correcting the applicant's SSN on his DD Form 214. __________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.
ARMY | BCMR | CY2011 | 20110005870
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN) as XXX-XX-XXX9. His records also contain a copy of his social security card reflecting the correct SSN. ABCMR Record of Proceedings (cont) AR20100017326 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005870 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...