IN THE CASE OF:    

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140006884 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 2 September 1971, to show in:

* Item 3 (Social Security Number (SSN)) – "XXX-XX-XX42" instead of "XXX-XX-XX92"
* Item 25 (Education and Training Completed) – all the schools he completed

2.  The applicant states his 1971 DD Form 214 contains a typographical error on his SSN.  Item 25 of this DD Form 214 is incomplete.  There should also be another DD Form 214 dated 22 November 1967.  The errors were discovered by a clerk at the Department of Veterans Affairs hospital on 27 March 2014.

3.  The applicant provides copies of his 1971 DD Form 214 and social security card.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA) on 16 June 1966.  At the time of his enlistment, he was assigned and identified by a service number beginning with "RA."   He completed basic combat training and advanced individual training and he was awarded military occupational specialty (MOS) 91B (medical specialist).  His records contain the following:

* DD Form 4 (Enlisted Record – Armed Forces of the United States), dated 16 June 1966, which does not list his SSN
* DD Form 398 (Statement of Personal History), dated 23 June 1966, which lists his SSN as "XXX-XX-XX42"
* DA Form 41 (Record of Emergency Data) which lists his SSN as 
"XXX-XX-XX42"

3.  He was honorably discharged on 21 November 1967 for the purpose of immediate reenlistment.  He was credited with completing 1 year, 5 months, and 6 days of net active service.  His DD Form 214 lists in:

* Item 3 – SSN "XXX-XX-XX42"
* Item 25 – Medical Corpsman, Special Forces Medical Specialist

4.  He reenlisted in the RA on 22 November 1967.  He continued to serve in MOS 91B.  His records contain the following:

* DD Form 4, dated 22 November 1967, which does not list his SSN
* DA Form 20 (Enlisted Qualification Record), dated 8 December 1970, which lists his SSN as "XXX-XX-XX42"

5.  He was honorably released from active duty in pay grade E-6 on 2 September 1971 and he was transferred to the U.S. Amy Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 3 years, 9 months, and 11 days of net active service.  His DD Form 214 lists in:

* Item 3 – SSN "XXX-XX-XX92"
* Item 25 – Medical Corpsman, 91A1O, 10 February 1966


6.  Item 27 (Military Education) of his DA Form 20 shows he completed the following education/training:

* Medical Corpsman, 91A1O, 10 weeks, 1966
* Medical Specialist, 91B, 41 weeks, 1967
* Spanish Language, 18 weeks, 1968
* Special Forces Weapons Cross Training, 6 weeks, 1969
* Noncommissioned Officer (NCO) Academy, 5 weeks, 1969

7.  He provided a copy of his social security card which lists his SSN as
"XXX-XX-XX42."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 3 would list the SSN
* Item 25 would list all service schools successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of item 3 of the applicant's DD Form 214 ending on 2 September 1971:

   a.  All documents in his military personnel records list his SSN as 
"XXX-XX-XX42."  It appears the SSN listed on his 1971 DD Form 214 contains a typographical error.

   b.  Therefore, he is entitled to correction of item 3 of his 1971 DD Form 214 to list the SSN listed on his social security card.

2.  With regard to correction of item 25 of his 1971 DD Form 214:

   a.  The evidence shows during his period of service from November 1967 to September 1971 he completed the following education/training:

* Medical Specialist
* Spanish Language
* Special Forces Weapons Cross Training
* NCO Academy
   b.  Therefore, he is entitled to correction of item 25 of his 1971 DD Form 214 to show this education/training.

3.  He will be provided a copy of his DD Form 214 ending on 21 November 1967 with this Record of Proceedings.

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:

* deleting from item 3 of his DD Form 214 ending on 2 September 1971 the SSN that is listed and replacing it with the SSN listed on his social security card
* adding to item 25 of this DD Form 214 ending on 2 September 1971 the:

* Medical Specialist 91B, 41 weeks, 1967
* Spanish Language, 18 weeks, 1968
* Special Forces Weapons Cross Training, 6 weeks, 1969
* NCO Academy, 5 weeks, 1969



      ____________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)                                         AR20140006884



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ABCMR Record of Proceedings (cont)                                         AR20140006884



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