IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011678 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011678 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: * deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN shown on his social security card * amending Letter Orders Number 10-1242481, issued by the Army Reserve Components Personnel and Administration Center, St. Louis, MO on 27 October 1971 to show the SSN listed on his social security card * issuing the applicant an Honorable Discharge Certificate 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 listing a dental injury on his DD Form 214. ____________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. IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011678 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 "" instead of "xxx-xx-" * an entry that he sustained a dental injury while on active duty after a car accident 2. He also requests the issuance of an Honorable Discharge Certificate with the correct SSN. 3. The applicant states the SSN is incorrect and the dental injury is not listed on his DD Form 214. 4. The applicant provides his DD Form 214 and a social security card. 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 induction, the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "." He authenticated this form with his signature. 3. He was inducted into the Army of the United States on 5 November 1965. His DD Form 47 (Record of Induction) listed his service number; his SSN was not listed. It also listed an entry related to his involvement in an automobile accident on 5 June 1963. His failure to yield right of way resulted in an accident. He was charged at Danville Municipal Court, VA, with malicious damage to an automobile. 4. He entered active duty on 5 November 1965. His DA Form 20 (Enlisted Qualification Record), which the Army created upon his entry on active duty, listed his SSN as "" (the number "1" instead of the number "6" in the seventh digit). Multiple other documents in his service record listed his SSN as "" and they included his DA Form 41 (Record of Emergency Data) and DA Form 2139 (Military Pay Voucher). 6. He underwent a separation physical at Fort Sam Houston, TX, on 19 July 1967. He did not list any injuries on his Standard Form 89 (Report of Medical History) and the examining physician/doctor did not find or list any injuries on his Standard Form 88 (Report of Medical Examination). 7. He was honorably released from active duty on 8 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows in: * Item 3 (SSN), as "" * Item 30 (Remarks) entries related to his blood, grade, and civilian education 8. On 27 October 1971, the Army Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Orders Number 10-1242481 honorably discharging him from the USAR effective 4 November 1971 and issued him an Honorable Discharge Certificate. Both the Letter Orders and the Honorable Discharge Certificate listed his SSN as "." 9. He provides a social security card that lists a name similar to his with the SSN as "." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established 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. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation states: a. Item 3 shows the member's SSN and item 32 lists mandatory entries or entries that are too long for their respective block. b. Issue the DD Form 256A (Honorable Discharge Certificate) and DD Form 257A (General Discharge Certificate) appropriately to all Soldiers receiving an honorable or general discharge. In the space under "this is to certify that," enter the name, typed–in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted). (Do not include a Soldier’s SSN.) Spell out the component if Regular Army; enter other components such as USAR. Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name DISCUSSION: 1. The evidence of record shows that upon his induction the applicant listed his SSN as "." However, when his DA Form 20 was created his SSN was listed as "." It appears an administrative error resulted in the entry of an incorrect SSN on his September 1967 DD Form 214. Additionally, the letter orders that ultimately discharged him from the USAR, and the Honorable Discharge Certificate, both listed an incorrect SSN. 2. There is no evidence in his records and he provides none to support his contention that he sustained a dental injury while on active duty. Even if so, such an entry would be reflected on his dental records, not his DD Form 214. There is no provision for listing dental injuries on the DD Form 214. //NOTHING FOLLOWS//