IN THE CASE OF:  

		BOARD DATE:  17 November 2015  

		DOCKET NUMBER:  AR20150002447 


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:

   a.  social security number (SSN) as “XXX-X4-XXXX” and
   
   b.  the street name of his home of record (HOR) as “Van Ness” instead of “Van.”

2.  He states that he recently received a copy of his DD Form 214 and noticed two errors on the document.  The fifth character of his serial number (i.e., SSN) was blacked out and the street name of his HOR was incomplete on his DD Form 214.

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.  The applicant was inducted into the Army of the United States on 4 December 1963.

3.  His DD Form 47 (Record of Induction) and induction orders show a service number, but no SSN.  However, these documents and his DA Form 41 (Record of Emergency Data) all show the street name in his HOR as “Van Ness St.”

4.  His DA Form 41 shows his SSN as “XXX-X4-XXXX.”

5.  His record contains a DA Form 2376 (Notification to State Adjutants General Release from Active Duty (REFRAD) of Obligated Reservist) that shows the street name of his permanent address as “Van Ness St.”

6.  On 22 November 1965, the applicant was REFRAD and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows in

* item 23 (HOR), the street name of his HOR as “Van St”
* item 32 (Remarks), the fifth character of his SSN is illegible

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  This regulation provided that the separating Soldier's HOR was to be entered in item 23 of the DD Form 214 and the SSN was to be entered into item 32.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his correct HOR and SSN were carefully considered.

2.  The preponderance of evidence clearly shows the street name of his HOR as “Van Ness St” and his SSN as “XXX-X4-XXXX.”

3.  As such, it appears the SSN and HOR street name entered on the applicant’s DD Form 214 were the result of errors and it would be appropriate to correct his DD Form 214 to show this information accurately.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “Van St” in item 23 of his DD Form 214 and replacing it with “Van Ness St” and

	b.  deleting the current SSN from his DD Form 214 and replacing it with the SSN shown on his DA Form 41 (XXX-X4-XXXX).



      _______ _   _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)                                         AR20150002542



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002447



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1