IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020101
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), ending on 10 February 1969 to show his social security number (SSN) as "xxx-40-xxxx" vice "xxx-12-xxxx."
2. The applicant states he is a service-connected Vietnam veteran with 10 percent disability. He recently retired from one state to another and they require a corrected DD Form 214. He later served in the U.S. Army Reserve and attained the rank of master sergeant (MSG)/E-8. The SSN appears to be a typographical error.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Honorable Discharge Certificate
* Report of Confidential Social Security Benefit Information
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 records show he previously served in the Regular Army from 25 September 1968 (corrected to 1964) to 10 February 1969. His records for that period are not available for review with this case.
3. His DD Form 214 shows he enlisted in the Regular Army for 3 years on 25 September 1968. He served in Vietnam for 11 months and 23 days. He was honorably released from active duty on 10 February 1969.
4. Item 3 (SSN) of his DD Form 214 listed his SSN as "xxx-12-xxxx." He authenticated this form with his signature.
5. On 20 May 1969, he was issued a DD Form 215 that corrected his date of entry to 25 September 1964. This DD Form 215 also listed his SSN as "xxx-12-xxxx."
6. He enlisted in the U.S. Army Reserve (USAR) on 17 May 1976. His DD Form 4 (Enlistment Contract) listed his SSN as "xxx-40-xxxx." He also completed a DD Form 398 (Statement of Personal History) in connection with this enlistment and listed a similar SSN.
7. He was discharged from the USAR on 23 May 1977. His USAR discharge orders listed his SSN as "xxx-40-xxxx."
8. He provides an Honorable Discharge Certificate listing his SSN as "xxx-40-xxxx." He also provides a Report of Confidential Social Security Benefit Information listing a similar SSN.
9. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The available evidence of record shows the applicant served on active duty from 25 September 1964 to 10 February 1969. Although his Regular Army records are not available for review, his subsequent USAR enlistment(s) listed the requested SSN (xxx-40-xxxx). It appears when his 1969 DD Form 214 was processed his SSN was inadvertently listed as "xxx-12-xxxx." In view of the foregoing, his DD Form 214, and DD Form 215, should be corrected as recommended below.
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 for the period ending 10 February 1969 and the SSN block of his DD Form 215, dated 20 May 1969, the current entry and replacing it with the SSN shown on his USAR Enlistment Contract (xxx-40-xxxx).
__________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) AR20140020101
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ABCMR Record of Proceedings (cont) AR20140020101
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