IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007047
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 X2X-XX-XXXX vice X8X-XX-XXXX. He also requests correction of his home of record (HOR).
2. The applicant states his:
* DD Form 214 and Special Orders Number 126 contain the wrong SSN
* home address is 726 Park Avenue
* records cannot be found by name or SSN
3. The applicant provides 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 was inducted into the Army of the United States on 25 May 1966. Upon his enlistment he was assigned a Service Number. Item 3 (Home of Record) of his DD Form 47 (Record of Induction) shows his HOR address as 726 Park Avenue.
3. His record contains:
* General Orders Number 74, dated 5 April 1968, which show his SSN as X2X-XX-XXXX
* Special Orders Number 110, dated 19 April 1968, which show his SSN as X8X-XX-XXXX
* Special Orders Number 126, dated 5 May 1968, which show his SSN as X8X-XX-XXXX
4. He was honorably released from active duty on 5 May 1968. His DD Form 214 shows in:
* Item 3 (SSN) his SSN as X8X-XX-XXXX
* item 21 (HOR) the entry 226 Park Avenue
5. His record contains a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review) dated 26 June 1968, that shows he requested correction of his record to show in:
a. item 1 (Social Security Account Number), his SSN as X2X-XX-XXXX and
b. item 6 (Street Address) his street address as 726 Park Avenue.
6. Army Regulation 635-5 (Separation Documents) at the time provided detailed instructions for completing separation documents, including the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It provides guidance for the place of entry and HOR at the time of entry on active duty and states the source document for this information is the appointment document or the order to active duty that records the HOR. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
1. Documents in the applicant's record show he used both SSN X2X-XX-XXXX and X8X-XX-XXXX when he served in an active duty status. However, corroborating evidence shows he requested that his SSN be corrected to show his SSN as X2X-XX-XXXX. Therefore, he is entitled to have his DD Form 214 corrected to show his SSN as X2X-XX-XXXX.
2. The evidence of record shows his HOR address was listed as 726 Park Avenue throughout his military service. He stated in his DD Form 47 that he had lived at 726 Park Avenue. There is no evidence and he did not submit any evidence that shows his HOR address was changed to 226 Park Avenue, during his military service. In addition, he attempted to correct his record to show his address as 726 Park Avenue. Therefore, he is entitled to have his DD Form 214 corrected to show his HOR address as 726 Park Avenue.
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:
a. deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his General Orders Number 74 and
b. deleting from item 21 of his DD Form 214 the current entry and replacing it with the HOR address as shown on his DD Form 47.
_____________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) AR20140007047
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