IN THE CASE OF: BOARD DATE: 8 January 2009 DOCKET NUMBER: AR20080006127 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 that his last name be changed from "." He also requests, in effect, that the two middle digits of his social security number (SSN) be changed from "" to "" and that his last duty assignment and major command in item 12 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from "6TH USA COM DET USARPAC" to "196TH USA COM DET USARPAC." 2. The applicant states, in effect, that the Army made typographical errors on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and his SSN 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. The applicant requests that his last name be changed from "." The applicant was issued a DD Form 215 (Correction to DD Form 214) on 20 August 1969 which corrected the applicant's name to show his last name as "Crump." Therefore, this issue will not be further discussed in these proceedings. A copy will be provided to him with the results of these proceedings. 3. On 11 October 1966, the applicant completed a DD Form 398 (Statement of Personal History) which shows the two middle digits of his SSN as "." 4. The applicant was inducted in the Army of the United States on 12 October 1966. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 05B (radio teletype operator). His highest grade attained was specialist four (SP4)/E-4. 5. On 14 October 1966, the applicant completed a DA Form 3027 (U.S. Army Request for National Agency Check) which shows the two middle digits of his SSN as "." 6. He was assigned to Vietnam in June 1968 with Company B, 54th Signal Battalion (Corps). 7. His DA Form 20 (Enlisted Qualification Record) shows the two middle digits of his SSN as "." Item 38 (Record of Assignments) of his DA Form 20 shows his last duty assignment in Vietnam as the Sixth U.S. Army Communications Detachment. 8. Headquarters, Sixth U.S. Army Special Troops, Special Orders Number 156, dated 29 August 1968, show the applicant was assigned to the Transfer Station U.S. Army Personnel Center, Oakland, California on 30 August 1968. The standard name line shows the two middle digits of his SSN as "." These orders also show his last duty station as the Sixth U.S. Army Communications Detachment. 9. Headquarters, U.S. Army Personnel Center, Special Orders Number 243, dated 30 August 1968, released the applicant from active duty on 30 August 1968. These orders show the two middle digits of his SSN as "." 10. Item 3 (SSN) on his DD Form 214 shows the two middle digits of his SSN as "." 11. Item 12 on his DD Form 214 shows his last duty assignment and major command as "6TH USA COM DET USARPAC." 12. The applicant provided a copy of his social security card which shows the two middle digits of his SSN as "." 13. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 14. Army Regulation 635-5, in effect at the time, directed that the last duty assignment and major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity or the medical holding detachment will be entered in item 12 of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the Army made typographical errors on his DD Form 214 is noted. 2. The majority of the documents in the applicant's personnel records and his social security card show the two middle digits of his SSN as "." However, his DD Form 214 incorrectly reflects the two middle digits of his SSN as "" in item 3. It appears that an administrative error has occurred in this case and it would be appropriate to amend item 3 on his DD Form 214 to reflect the two middle digits of his SSN as "." 3. The evidence of record shows the applicant's last duty assignment as the Sixth U.S. Army Communications Detachment prior to his reassignment to the transfer station in Oakland, California. 4. The governing regulation in effect at the time directs that the last duty assignment and major command should be entered in item 12 of the DD Form 214. Therefore, there is no basis for amending his DD Form 214 to reflect his last duty assignment as the 196th U.S. Army Communications Detachment. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ 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 amending item 3 on his DD Form 214 to show the two middle digits of his SSN as "." 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 correction of his last duty assignment. ______________________ 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) AR20080006127 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006127 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1