BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014828 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: 15 December 2016 DOCKET NUMBER: AR20150014828 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 the social security number (SSN) shown in item 3 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replacing it with the SSN 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 correcting item 23a (Specialty Number and Title) of 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: 15 December 2016 DOCKET NUMBER: AR20150014828 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, in effect, correction of the following items on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): a. item 3 (Social Security Number (SSN)), to show his SSN as "XXX-X2-XXXX" instead of "XXX-X8-XXXX;" and b. item 23a (Specialty Number and Title), to show "Engineer Equipment Mechanic" instead of "Construction Machine Operator." 2. The applicant states he has proof that he completed two courses of instruction for engineer equipment maintenance that includes the subjects covered. Also, he has enclosed a copy of his social security card. 3. The applicant provides a copy or his social security card and two "Certificate of Proficiency" documents from the U.S. Army Engineer School. 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 enlisted in the Regular Army on 16 October 1964. 3. The applicant's record includes a DA Form 41 (Record of Emergency Data), which shows his SSN as "XXX-X2-XXXX." 4. The applicant's record contains a DA Form 20 (Enlisted Qualification Record), which shows in: a. Item 22 (Military Occupational Specialties (MOS)), he was awarded MOS 62B (Engineer Equipment Repairman) and 62E (Construction Machine Operator) during his period of active military service. b. Item 27 (Military Education), he completed the Engineer Equipment Maintenance and Repair Courses in 1965. 5. The applicant was honorably release from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 27 September 1967. His DD Form 214 shows in: * Item 3, the entry "XXX-X8-XXXX" * Item 23a, the entry "62E Construction Machine Operator" 6. The applicant provides the following in support of his application: a. A copy of his social security card, which shows his SSN as "XXX-X2-XXXX." b. A "Certificate of Proficiency" from the U.S. Army Engineer School, Fort Belvoir, VA issued on 9 March 1965, which shows he completed the Engineer Equipment Maintenance Course during the period 4 January 1965 through 9 March 1965. c. A "Certificate of Proficiency" from the U.S. Army Engineer School, Fort Belvoir, VA issued 12 May 1965, which shows he completed the Engineer Equipment Repair Course during the period 22 March through 12 May 1965. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation (emphasis added). The instructions stated to enter the social security account number in item 3 and the primary MOS code number and title in item 23a. DISCUSSION: 1. With respect to the applicant's SSN as recorded on his DD Form 214, the applicant's record does contain a document that shows his SSN as "XXX-X2-XXXX," as stated in his application. This constitutes evidence that he served under the SSN he claims is correct. It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in his SSN being incorrectly recorded at the time of his separation. 2. With respect to the applicant's MOS as recorded on his DD Form 214, the applicant's record contains evidence that he held the primary MOS 62E at the time of his separation from military service. His "Certificates of Proficiency" do not award him an MOS but show he completed a course of instruction in a subject area. He may have been awarded these MOSs by proper authority; however, an entry on his DA Form 20 suggests any such earlier award was replaced by a later award of MOS 62E as his primary MOS. 4. In accordance with the applicable regulation at the time, the primary MOS code number and title will be entered in item 23 of the 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) AR20150014828 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2