IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006124
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 in:
* item 3 (Social Security Number (SSN)), his SSN as 5xx-xx-xxxx instead of 3xx-xx-xxxx
* item 11d (Effective Date), his discharge date as 20 October 1968 instead of 20 October 1971
2. He states his:
* SSN is wrong and should read 5xx-xx-xxxx
* date of discharge should read 20 October 1968
* social security card should validate his correct SSN
* time in service should be validated and this will justify the correction of his date of discharge from service
3. He provides his social security card, two birth certificates, 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. The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 21 October 1968.
3. Headquarters, Burtonwood Army Depot, Special Orders Number 1811, dated 22 September 1971, show he was released from active duty on 20 October 1971. His DD Form 214 shows in:
* item 3, his SSN as 3xx-xx-xxxx
* item 11d, he was released from active duty on 20 October 1971
* item 17c (Date of Entry), he entered active service on 21 October 1971
* item 22a (Net Service this Period), he completed 3 years of creditable active service
4. During the applicant's service a majority of the documents in his military service record reflected his SSN as 5xx-xx-xxxx.
5. On 29 January 1973, a DD Form 215 (Correction to DD Form 214) was issued that corrected his DD Form 214 to amend item 17c to show he entered active service on 21 October 1968.
6. He provided a copy of his social security card which shows his SSN as
5xx-xx-xxxx.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governs the preparation of the DD Form 214 and is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 reflects the wrong SSN is acknowledged and determined to have merit.
2. His military personnel record contains documents that show his SSN as
5xx-xx-xxxx. His social security card he provides confirms his SSN as 5xx-xx-xxxx. Therefore, his DD Form 214 should be corrected to show his SSN as it is listed on his social security card.
3. He contends the discharge date on his DD Form 214 should be 20 October 1968; however, the evidence of record does not support his claim.
4. The evidence of record shows he enlisted in the Regular Army on 21 October 1968 and he was discharged on 20 October 1971. His discharge orders dated 22 September 1971 confirm he was discharged on 20 October 1971. Therefore, his DD Form 214 properly reflects he was discharged on 20 October 1971 and there is no basis for amending his discharge date.
5. If the applicant really meant to change his date of entry, a copy of the DD Form 215 will be provided to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 the SSN that is listed on his social security card.
2. The Board further determined that 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 correcting his DD Form 214 to show his discharge date as 20 October 1968.
_____________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) AR20140006124
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ABCMR Record of Proceedings (cont) AR20140006124
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