IN THE CASE OF:  	  

		BOARD DATE:  20 August 2015	  

		DOCKET NUMBER:  AR20150000805 


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 records to show his social security number (SSN) as "X6X-XX-XXXX" instead of "X1X-XX-XXXX" and that he served in the Republic of Vietnam (RVN) for 1 year and 16 days instead of 1 month and 
16 [sic] days.

2.  The reverse side of the application shows a comment that refers to the applicant and shows "he is entitled to life insurance (group) of $10K according to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he has not received his benefits from the VA [Department of Veterans Affairs] until recently and they are almost nothing."

3.  The applicant provides copy of his DD Form 214 and a picture of himself.

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 1 December 1966 as part of his processing for enlistment in the Regular Army (RA), shows he entered "X6X-XX-XXXX" in the SSN block.

3.  The applicant enlisted in the RA on 13 February 1967.  At the time he enlisted, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.

4.  His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in:

* item 1 (Name and Service Number):  "X1X-XX-XXXX"
* item 29 (Foreign Service), he served in Vietnam from 20 September 1969 through 3 November 1969 (1 month)
* item 38 (Record of Assignments):

* Computer Analyst, Headquarters Support Troops, Vietnam, from 
23 September 1969 through 27 October 1969
* Patient, Medical Holding Detachment (MHD), 249th General Hospital, Camp Drake, Japan, from 28 October 1969 through 4 November 1969
* Patient, MHD, Patterson Army Hospital, Medical Department Activity, Fort Monmouth, NJ , from 5 November 1969 through 27 May 1970

5.  The applicant's DD Form 214 shows he was honorably released from active (REFRAD) duty on 28 May 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  It also shows he was held in service 106 days for the convenience of the Government.  He had completed 3 years, 
3 months, and 16 days of total active service.  It further shows in:

* item 3 (SSN):  "X1X-XX-XXXX"
* item 22 (Statement of Service), block c (Foreign and/or Sea Service):  "Vietnam – 0 years, 1 month, 14 days"
* item 29 (Servicemen's' Group Life Insurance Coverage (SGLI)):  an "X" in the box indicating "$10,000"

6.  Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letter Orders Number 04-1060076, honorably discharged the applicant from the USAR Control Group (Reinforcement) effective 22 April 1971.  The orders show his SSN as "X1X-XX-XXXX."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Chapter 1 (General) contains guidance for the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the enlistment contract, Enlisted Qualification Record and orders.  It shows for:

    	(1)  item 3, verify accuracy with the SSN of record;

	 	(2)  item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed; and

	 	(3)  item 29, an "X" will be placed in the appropriate box indicating the individual's election to participate in the SGLI.

8.  United States Code, Title 38 (Veterans' Benefits) governs veterans' benefits administered by the Secretary of Veterans Affairs and the Department of Veterans Affairs.  The VA website at www.va.benefits.gov/insurance shows that an individual must apply to convert SGLI to Veteran's Group Life Insurance (VGLI) within one year and 120 days from discharge.  Veterans who submit their application within 240 days of discharge do not need to submit evidence of good health, while those who apply more than 240 days after discharge are required to answer questions about their health.

DISCUSSION AND CONCLUSIONS:

1.  The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted.  However, upon entry into military service, his SSN was recorded in his military records as "X6X-XX-XXXX."

2.  The available evidence shows the applicant's correct SSN was entered in his military records during the period of his active duty.  However, it appears that during his service an administrative error occurred resulting in the incorrect listing of his SSN on his DD Form 214 when he was REFRAD.  Thus, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN as shown on his DD Form 398.

3.  Records show the applicant served overseas from 20 September 1969 through 3 November 1969.

   a.  A calculation of the applicant's overseas service shows the following:

	1969  11  03  date returned to U.S. from overseas
         - 1969  09  20  date departed U.S. for overseas
         =    00  01  13
         +                  1  day inclusive
         =    00  01  14  total foreign service

   b.  This total foreign service is recorded in item 22c of his DD From 214.
   
4.  The administration of veterans' benefits does not fall under the purview of the Department of the Army or the ABCMR.  Any questions the applicant may have pertaining to his veteran's benefits should be addressed to the VA.

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 deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN as shown on his DD Form 398.


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 foreign and/or sea service.  




      _______ _   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)                                         AR20150000805



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ABCMR Record of Proceedings (cont)                                         AR20150000805



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