ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190006972


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
Active Duty), ending on 3 September 1975, to show his correct social security number 
(SSN) and date of birth (DOB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Social Security Administration (SSA) card
*	Texas Driver License

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The Board will not consider the portion of the applicant's request pertaining to his 
DOB, as this item will be addressed through an administrative correction.

3.  The applicant states that his SSN is XXX-XX-XXXX.  The SSN listed on his 
DD Form 214 is incorrect.

4.  A review of his military record shows the applicant enlisted in the Regular Army on 
4 September 1973.  His DD Form 4 (Enlistment Contract-Armed Forces of the United 
States) shows in item 1 (Service Number/SSA Number) the entry XXX-XX-XXXX.

5.  He was released from active duty on 3 September 1975.  His DD Form 214 shows 
his SSN listed on his enlistment contract.

6.  The applicant provides his SSA card which lists his SSN as XXX-XX-XXXX.  His 
records are void of documents containing this SSN.

7.  Regulatory guidance prescribes that the DD Form 214 will reflect the conditions and 
circumstances that existed at the time the records were created.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the SSN card and the driver’s license he provided.  The Board determined that 
based on his record and dates of his service, the applicant was eligible for award of the 
Korean Defense Service Medal.  The Board determined that there was insufficient 
evidence to show that the SSN on the applicant’s DD Form 214 was in error or unjust.  
The Board concurs with the correction stated in the Administrative Note(s) below.  The 
Board advises the applicant that a copy of this decision will be placed in his records to 
clarify the difference between the SSN in his records and the SSN he uses today.  

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

















BOARD DETERMINATION/RECOMMENDATION:

 1.  In addition to the correction stated in the Administrative Note(s) that follow, 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: 

-	Awarding him the Korea Defense Service Medal;
-	Amending his DD Form 214 for the period of service ending 3 September 
1975 to add in item 26 (Decorations, Medals, Badges, Commendations, 
Citations and Campaign Ribbons Awarded or Authorized) – “Korea 
Defense Service Medal”

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 upgrading the characterization of his discharge under 
other than honorable conditions.



	  
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.


ADMINISTRATIVE NOTE(S):

The applicant's DD Form 4, dated 4 September 1973, is sufficient to administratively 
correct his DD Form 214, ending on 3 September 1975, to show in item 4 (DOB) the 
entry "XX  XX  XX."

?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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.  It will 
reflect the conditions and circumstances that existed at the time the records were 
created.

ABCMR Record of Proceedings (cont)	 AR20190006972
	
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