IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001214
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 the last digit of his social security number (SSN) as a "9" and the county of his induction as "Washoe."
2. He states "line 16" of his DD Form 214 should show "Washoe" not "Washya" County and "line 32" incorrectly lists his SSN with the last digit "7." These errors were probably typographical.
3. The applicant provides his DD Form 214 for the period ending 8 March 1962.
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 was inducted into the Army of the United States on 10 February 1960. His DD Form 47 (Record of Induction) shows "Sparks, Nevada" as his city and state in the (Current Address) section and the county is not listed. The Local Board (Selective Service) section of this form contains the entry: "Local Board No. 16, Washya County
Reno, Nevada."
3. At the time of his induction a DA Form 24 (Service Record) and DD Form 93 (Record of Emergency Data) were completed that show his SSN ending with "9" and his county upon entry into service as "Washoe."
4. He was honorably released from active duty on 8 March 1962. His DD Form 214 contains the following entries:
a. Item 15 (Selective Service Local Board Number, City, County and State) - "#16 Reno (Washya) Nevada."
b. Item 23 (Home of Record at the Time of Entry into Active Service (Street, RFD [Rural Free Delivery], City, County and State) - "Washoe."
c. Item 32 (Remarks) - SSN with "7" as the last digit.
5. Army Regulation 635-5 (Separation Documents) in effect at the time provided guidance for the preparation of the DD Form 214. It stated:
a. Item 15 - In all cases in which the Selective Service number is recorded in item 14 (Selective Service number), enter in item 15 the Selective Service local board number and the city, county and State in which located.
b. Item 23 - Enter home of record at the time of entry into active duty as shown on enlistment or induction record, regardless of place physically located at time of entry on active duty.
c. Item 32 - Transcribe the SSN from the DA Form 24 in the following manner: "SSAN 000-00-0000."
6. A search of the internet revealed that Reno, Nevada is located in Washoe County.
DISCUSSION AND CONCLUSIONS:
It appears two errors occurred at the time the applicant's separation document was prepared.
a. His DA Form 24 and DD Form 93 both show "9" as the last digit of his SSN. Therefore, he is entitled to have the correct SSN recorded on his
DD Form 214.
b. Item 15 of his DD Form 214 shows "Washya" as the county. The applicant is correct in his assertion that "Washoe" is the county in which Reno, Nevada is located. As such, the DD Form 214 should be corrected to show "Washoe" as the county.
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 amending his DD Form 214 for the period ending 8 March 1962 as recommended below:
* deleting from item 32 of his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his DD Form 93
* deleting from item 15 of his DD Form 214 the entry "Washya" from item 15 and replacing it with the entry "Washoe" as shown on his DD Form 93
_______ _ _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) AR20140001214
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ABCMR Record of Proceedings (cont) AR20140001214
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