IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130017524 


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 XXX-XX- and his dates of foreign service in Vietnam.

2.  The applicant states his SSN is XXX-XX-, not XXX-XX- as shown on his DD Form 214.  The applicant further states his DD Form 214 does not show credit for his tour in Vietnam.

3.  The applicant provides copies of his social security card, two envelopes postmarked from Vietnam, and 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.  On 15 December 1965, the applicant enlisted in the Regular Army.  His records consistently show the use of the SSN XXX-XX-.

3.  On 13 December 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows his SSN as 
XXX-XX-.

4.  His DD Form 214 also shows he was awarded the Vietnam Service Medal; however, there are no records available which provide the specific dates of his service in Vietnam.

5.  The applicant's records contain an Army National Guard Current Annual Statement, dated 1 October 1991, which shows his SSN as XXX-XX-.

6.  The applicant provided a copy of his social security card which shows his SSN as XXX-XX-.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214 and it should be corrected.

2.  The applicant's records clearly show he served in Vietnam; however, there is no evidence that validates the specific dates.  Absent evidence which shows the specific dates of his service in Vietnam, his DD Form 214 cannot be amended to show his Vietnam service at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 to show his SSN as shown on his social security card.

2.  The Board further determined 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 service credit.



      _____________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)                                         AR20130017524



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ABCMR Record of Proceedings (cont)                                         AR20130017524



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