BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007250 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 17 April 2018 DOCKET NUMBER: AR20160007250 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) in item 3 (Social Security Number (SSN)) to show "XXX-XX-XXXX" vice "XXX-XX-XXXX" and in item 11d (Effective Date (of Separation)) to show 17 August 1970 vice 28 May 1971 2. He also requests correction of the date of discharge reflected on his Honorable Discharge Certificate from 1 April 1974 to 30 May 1974. 3. The applicant states, in effect, the erroneous entries affect his entitlement to benefits. The issue came up when he applied his Department of Veterans Affairs (VA) benefits for college and more recently when he applied at the local VA cemetary, and when registering for the VA. 4. The applicant provides: * DD Form 214 for the period ending on 28 May 1971 * Form ES-970 (Texas Employment Commission - Request for Determination of Federal Military Service and Wages), dated 2 June 1971 * Extract of his separation orders (from active duty), dated 7 April 1971 * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 28 May 1971 * Honorable Discharge Certificate, dated 1 April 1974 * Letter Orders Number 03-1122917, discharge orders (from the U.S. Army Reserve (USAR)), dated 20 March 1974 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 enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History). He disclosed and listed his SSN as "XXX-XX-XXXX." 3. He enlisted in the USAR for 6 years, under the Delayed Entry Program (DEP) on 15 April 1968. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) also listed his SSN as "XXX-XX-XXXX." 4. He was discharged from the DEP and he enlisted in the Regular Army for a 3-year term on 31 May 1968. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, also listed his SSN as "XXX-XX-XXXX." 5. Several other personnel, medical, and logistics documents in his service record listed his SSN as "XXX-XX-XXX3X." 6. On 20 May 1971, Headquarters, U.S. Army Armor Center, Fort Knox, KY published Special Orders Number 118 ordering his release from active duty effective 28 May 1971. 7. He was honorably released from active duty on 28 May 1971 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 28 days of active service. His DD Form 214 shows in Item 3 the entry "XXX-XX-XXXX" and in item 12d the entry "28 May 1971." 8. On 20 March 1974, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Orders 03-1122917 ordering his honorable discharge from the USAR effective 1 April 1974 after having completed his service obligations. 9. He was also issued an Honorable Discharge Certificate reflecting date of discharge as 1 April 1974. REFERENCES: Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that 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. According to the regulation in effect: a. Item 3 shows the SSN, item 10c (Date Inducted) shows the date of induction, and item 11d (Effective Date) shows the date the Soldier's separation was accomplished. b. The statutory military service obligation in effect at the time was 6 years. A later version of AR 635-5 stated that DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12e. However, it is creditable service for completing the statutory military service obligation. DISCUSSION AND CONCLUSIONS: 1. The applicant listed his SSN as "XXX-XX-XXXX" (the number 3 in the eighth digit) upon his enlistment in the Regular Army. This SSN is consistent with the SSN shown on multiple documents in his service records listing his SSN. It appears that during the preparation of his DD Form 214 his SSN was inadvertently listed as "XXX-X-XXXX" (the number 5 in the eighth digit) due to an administrative error. 2. The applicant was released from active duty on 28 May 1971 after having completed 2 years, 11 months, and 28 days. He was not released from active duty on 17 August 1970 as he contends. His DD Form 214 correctly reflects his date of separation from active duty. 3. When the applicant was released from active duty, he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation. He had enlisted in the U.S. Army Reserve for 6 years. He completed 2 years, 11 months, and 28 days of active service and the remainder, in an inactive status, in the USAR. He was honorably discharged from the U.S. Army Reserve on 1 April 1974 when he completed his full service. BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007250 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 social security number (SSN) and replacing it with the SSN as shown on his Enlistment Record and DA Form 20. 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 changing his active duty separation date or discharge from the U.S. Army Reserve. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007250 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007250 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2