BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150016457 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 BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150016457 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 item 3 of his DD Form 214 to show his SSN as shown on his DD Form 398. 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 amending his rank and pay grade shown 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. BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150016457 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: a. his rank and pay grade as specialist four (SP4)/E-4 and b. his social security number (SSN) as 170-XX-XXXX instead of 107-XX-XXXX. 2. The applicant states he was initially charged with being absent without leave (AWOL) and was then found not guilty. He was never demoted. He was an SP4/E-4 when he was charged with being AWOL and he should remain an SP4/E-4. He never received any orders reducing his rank since he was cleared of the charge. The person preparing his paperwork was from the Army National Guard and there was animosity between the Army National Guard and active duty service men. He feels this may have affected his paperwork. 3. The applicant provides: * social security card * 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. The applicant's DD Form 398 (Statement of Personal History), dated 28 May 1966, shows he recorded his SSN as 170-XX-XXXX in connection with his enlistment. 3. He enlisted in the Regular Army on 6 July 1966 for a period of 3 years. He was appointed to the temporary rank of SP4/E-4 effective 15 August 1967. 4. Headquarters, U.S. Army Garrison Troop Command (Provisional), Special Court-Martial Order Number 53, dated 5 February 1970, shows he was convicted of being AWOL from 6 November 1969 to 14 November 1969. He was found not guilty of two charges of AWOL (24 February 1969 to 22 April 1969 and 28 April 1969 to 22 July 1969). He was sentenced to restriction for 2 months, hard labor without confinement for 2 months, forfeiture of $75.00 pay per month for 2 months, and reduction to private (PVT)/E-1. On 5 February 1970, the convening authority approved the sentence. 5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was reduced to the permanent rank of PVT/E-1 effective 5 February 1970 as a result of Special Court-Martial Order Number 53. 6. On 22 June 1970, he was discharged under honorable conditions. His DD Form 214 shows in: * item 3 (SSN) – 107-XX-XXXX * item 5a (Grade, Rate, or Rank) – PVT * item 5b (Pay Grade) – E-1 * item 6 (Date of Rank) – 5 February 1970 7. There is no evidence showing he was reappointed to the rank of SP4/E-4 prior to his release from active duty. 8. His records do not contain a DA Form 2139 (Military Pay Voucher). 9. He provided a copy of his social security card showing his SSN as 170-XX-XXXX. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated to transcribe the SSN from the individual's DA Form 2139. DISCUSSION: 1. The evidence of record does not support the applicant's contention that he was initially charged with being AWOL and then found not guilty. The evidence of record shows he was charged with three specifications of being AWOL and he was found not guilty of two of the specifications. On 16 December 1969, he was convicted of being AWOL from 6 November 1969 to 14 November 1969 while serving in the rank of SP4/E-4. His sentence included his reduction to PVT/E-1 effective 5 February 1970. There is no evidence showing he was reappointed to the rank of SP4/E-4 prior to his release from active duty. 2. His DD Form 398 shows he recorded his SSN as 170-XX-XXXX prior to his enlistment in 1966. However, his DD Form 214 shows his SSN as 107-XX-XXXX. It appears that an administrative error occurred when recording his SSN on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016457 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016457 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2