BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150005851 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as one that ends with 1542 instead of 6611 and his service in Vietnam.

2.  The applicant states he served in Vietnam with Company C, 52nd Infantry, 716th Military Police (MP) Battalion, 4th Infantry Division in Saigon.  Also, his SSN xxx-xx-6611 was changed to xxx-xx-1542.  

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and disclosed his SSN as xxx-xx-6611.

3.  He enlisted in the RA for a period of 3 years on 16 June 1970.  His DD Form 4 (Enlistment Contract) listed his SSN as xxx-xx-6611.  He authenticated this form with his signature. 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his SSN as xxx-xx-6611.  

5.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic), on or about 16 October 1970. 

6.  Following completion of MOS training, he was assigned to Battery A, 1st Battalion, 19th Artillery at Fort Carson, CO.  All documents in his service record show his SSN as xxx-xx-6611. 

7.  He served in Vietnam for an unknown period.  He was assigned to Company C, 52nd Infantry, 716th MP Battalion.  His records contain the following documents completed around the time he left for Vietnam or during his service in Vietnam: 

* Special Orders (SO) Number 316, issued by Headquarters, 4th Infantry Division, Fort Carson, on 12 November 1971 reassigning him to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, on 5 January 1972 
* DA Form 20 that shows he departed Fort Carson, CO on or about 29 November 1971, enroute to Vietnam
* DA Form 137 (Installation Clearance Record) that shows he cleared Fort Carson and departed on 1 December 1971
* DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 10 January 1972, that shows at Fort Lewis, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ for being absent without leave (AWOL) from Fort Lewis from 6 to 10 January 1972
* DA Form 2627-1, dated 2 January 1972, in Vietnam, that shows he accepted NJP under the provisions of Article 15 of the UCMJ for misconduct that occurred on 2 February 1972 while assigned to Company C, 52nd Infantry, 716th MP Battalion, Vietnam
* SO Number 5, issued by Company C, 52nd Infantry, 716th MP Battalion, Vietnam, on 8 February 1972, ordering the forfeiture of his pay based on misconduct in Vietnam
* DA Form 2627, dated 17 April 1972, issued in Vietnam, that shows he accepted NJP under the provisions of Article 15 of the UCMJ for various misconduct that occurred on 29 March and 5 April 1972 in Vietnam

8.  His exact date of departure from Vietnam and exact date he was separated from active duty are unknown.  No separation orders or DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) were issued, at the time. 

9.  On 24 December 1987, he submitted a NARA Form 13075 (Questionnaire About Military Service) in an effort to locate his records.  He indicated that his SSN was xxx-xx-6611 and that he served at Fort Carson from September to December 1970 and with C Company, 52nd Infantry, 716th MP Battalion from January 1971 to June 1971. 

10.  In 1991, the U.S. Army Deserter Information Point at the U.S. Army Enlisted Records and Evaluation Center, Indianapolis, IN, conducted a review of multiple Soldiers' records, including those of the applicant.  It was determined that the applicant was never discharged from the RA.  Guidance was requested and received from the Separation Branch, U.S. Total Army Personnel Command (TAPC) to discharge the applicant in absentia.  TAPC approved this action on 
4 April 1991 and determined the applicant's discharge date was verified as 
1 February 1972.  

11.  On 29 April 1991, Headquarters, U.S. Army Enlisted Records and Evaluation Center, published Orders 19-2 honorably releasing the applicant from active duty effective 1 February 1972 and assigning him to the U.S. Army Reserve Control Group (Reinforcement).  The orders listed his SSN as xxx-xx-6611.

12.  He was issued a DD Form 214 that shows he was honorably released from active duty on 1 February 1972 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of having completed his required service.  His DD Form 214 shows he completed 1 year, 
6 months, and 3 days of active service and he had multiple periods of lost time (27 December 1970 to 6 January 1971, 9 February to 3 March 1971, 10 to 13 September 1971, and 6 to 210 January 1972).  It also shows in: 

* item 3 (SSN) his SSN as xxx-xx-6611
* item 12f (Foreign Service) zero credit for foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 22c (or item 12f on a reissued DD Form 214) shows the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the SSN: 

	a.  Upon his enlistment in the RA, the applicant disclosed his SSN as xxx-xx-6611.  His enlistment contract and DA Form 20 listed this same SSN.  The evidence of record shows he consistently used the SSN xxx-xx-6611 throughout his military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use the requested SSN during his military service.  

	b.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

	c.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed his military service records, including the DD Form 214, were correct at the time and there is an insufficient basis for granting him relief.  

2.  With respect to his service in Vietnam: 

	a.  There is insufficient evidence to establish his exact date of arrival in and date of departure from Vietnam.  Based on the NJP action in his records, there is some evidence to show he served with C Company, 52nd Infantry, 716th MP Battalion in Vietnam from around January 1972 to at least April 1972.  However, despite his receipt of NJP in April 1972, the Army established his separation date as 1 February 1972 and his DD Form 214, separation order, and record of service were prepared to reflect this separation date. 

	b.  In order to correct his foreign service and list his service in Vietnam on his DD Form 214, the applicant must provide his exact dates of service in Vietnam and the supporting evidence, such as a permanent change of station orders, temporary duty orders, Leave and Earnings Statements, and/or other evidence that establishes his exact dates.  

	c.  It is unclear what the applicant's exact separation date from the Army was. It appears the Army established this date as 1 February 1972.  In order to establish a different separation date, if applicable, the applicant must provide documentary evidence such as Leave and Earnings Statements or separation orders that clearly show not only his last day on active duty but his duty status as well. 

3.  There is insufficient evidence to correct his SSN or to list his Vietnam service on his DD Form 114. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20150005851





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ABCMR Record of Proceedings (cont)                                         AR20150005851



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