BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018982
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 award of the Purple Heart. Additionally, he requests correction of his DD Form 214 for the period ending 13 February 1969 to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX5."
2. He states his SSN on his DD Forms 214 for the periods ending 21 March 1966 and 6 February 1973 are correct; however, the SSN on his DD Form 214 for the period ending 13 February 1969 is incorrect.
3. He provides three DD Forms 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. The applicant requested correction of his DD Form 214 to show award of the Purple Heart. His DD Form 214 for the period ending 13 February 1969, currently shows he was awarded the Purple Heart. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 18 March 1965 and executed two reenlistments. He served in the Republic of Vietnam on two separate occasions: 18 June 1967 to 7 November 1968 and 28 July 1970 to 18 December 1970. He was discharged from active duty on 6 February 1973 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, with an under honorable conditions character of service. He was credited with completing 7 years, 7 months, and 19 days of total active service.
4. His DD Form 214 for the period ending 13 February 1969 shows his SSN as XXX-XX-XXX5.
5. All the documents in his record that contain an SSN show his SSN as XXX-XX-XXX8 to include his DD Forms 214 for the periods ending 21 March 1966 and 6 February 1973.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Forms 214 for the periods ending 21 March 1966 and
6 February 1973 confirm his SSN as XXX-XX-XXX8. It appears that during the processing of his DD Form 214 for the period ending 13 February 1969 an administrative error occurred that resulted in an incorrect SSN being entered.
2. In view of the foregoing, it would be appropriate at this time to correct his
DD Form 214 for the period ending 13 February 1969 to show his SSN as shown on his DD Forms 214 for the periods ending 21 March 1966 and 6 February 1973.
BOARD VOTE:
___X_____ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 correcting his DD Form 214 for the period ending 13 February 1969 to show his SSN as it appears on his DD Forms 214 for the periods ending 21 March 1966 and 6 February 1973ar20130018982.
_______ _ 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) AR20130018982
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