IN THE CASE OF: 

		BOARD DATE: 27 September 2023

		DOCKET NUMBER: AR20230004801


APPLICANT REQUESTS:  correction of his records and DD Form 214 (Armed Forces 
of the United States Report of Transfer or Discharge) for the period ending on
20 December 1968 to show his:

*	Social Security Number (SSN) as instead of 
*	Date of Birth (DOB) as instead of 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Applicant Statement
*	Statement from Caregiver
*	Certificate of Live Birth
*	DD Form 214
*	Medicare Health Insurance Card, 
*	Social Security Card, 18 May 2012
*	Humana, Humana Choice Prescription Card, 16 November 2022
*	Identification Card, 9 December 2022
*	Durable Power of Attorney, 12 December 2022
*	Hospital, Medical Records
*	Letter from the Department of Veterans Affairs (VA)


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 applicant states, in effect:

   a.  His SSN and DOB are incorrect on his military and medical records. Due to 
erroneous entries on his official military records and DD Form 214, he has been denied 
assistance from veteran service organizations and he is unable to file a claim for 
pension. The correction of his SSN reflects his identity, and not that of another service 
member. He is currently unable to file a claim for any benefits due to this error. He 
currently resides with and receives daily care from his caregiver. 
   
   b.  He states that the correction should be made to his records because as a young 
20-year-old African American male, he was drafted into the military, and it was a no-win 
situation. He was told to either serve his country or serve time behind bars as a “draft 
dodger,” documented as a criminal. To be classified as a criminal would have brought 
dishonor to his family and country. The effects of the war traumatized his life. Being 
exposed to dead bodies, the spraying of unknown herbicides used to clean land fields, 
fear of dying, nightmares, and the difficulty of always being on guard changed his life 
forever. The psychological affects of witnessing his battle buddies suffer from multiple 
gunshot wounds, and later dying, traumatized to such a degree that he feared he would 
never return home to his family. 
   
   c.  His parents convinced him to avoid being labeled a criminal, he should serve his 
country and then he could safely return home. Although he honored his parents’ wishes, 
he was totally against being shipped off to a foreign country fighting people who he 
knew nothing about. After training as an infantryman, he joined thousands of young 
draftees boarding plans destined for Saigon City, Vietnam. His noncommissioned 
officers taught him everything about survival skills on the battlefield and how to keep 
himself alive. He feared dying or killing someone, so he managed to suppress his fears, 
adapt to his surroundings, and do his job so he could return “back to the world” as all 
the troops called back home. 
   
   d.  While he was at war, no one spoke about racism. They worked together to 
protect and defend their country. His impression about the war changed drastically after 
seeing so many of his comrades die. Many suffered due to lack of fire support. He 
states that the military failed them; lack of support to treat wounded troops that were in 
immediate need of medical attention, need for additional replacement troops, and fire 
support. They were all scared, young, and unskilled, and feared dying and killing. Their 
advisors instructed them to kill anything moving at night. He witnessed multiple deaths 
of his comrades due to friendly fire. One horrific incident that altered his life was seeing 
his friend lying dead aside the road. They fought daily and lost large numbers of troops 
on the battlefield. 
   
   e.  After losing the war, returning home to America was difficult. He lost several of 
his closest friends. He was mentally disengaged, and lost hope of ever recovering from 
the war. His health worsened over the years from the exposure to agent orange, 
burning of toxic waste, smoke, sleeping in deplorable conditions, and lack of medical 
attention due to shrapnel in his right eye. All of which made it difficult to cope with 
ongoing issues. He was mentally unstable, head bouts of depression, was abusive, 
unable to hold down a job, angry, confused, edgy, and lacked the resources to seek the 
help he needed to recover from the war. He felt abandoned by the government. 
   
   f.  His daughter is his caregiver, and she had no idea of his psychological issues. He 
is 76 years old now and his health is declining, and his daughter is doing her best, 
despite her own health issues. He states, he is blind in one eye, can hardly see out the 
other eye, needs constant attention to conduct daily hygiene and prepare meals, needs 
assistance with reading, lack reliable transportation to get medical care, needs help with 
financial matters, and he is in dire need of mental health treatment to cope with ongoing 
flashbacks. 

3.  The applicant provides the following documentation:

	a.  A statement from his caregiver which outlines the applicant’s need for assistance. 

	b.  His certificate of live birth, which reflects his DOB as. 

	c.  Social Security Card, which shows his SSN as.

	d.  His Identification Card, issued on 9 December 2022, which reflects his DOB as . 

   e.  His medical records from Hospital, which show is DOB as. 
   
4.  A review of the applicant’s service record shows the following:

	a.  DD Form 47 (Record of Induction) shows he was inducted into the Army of the 
United States on 7 February 1966 with a DOB listed as and SSN as, the contested 
dates.

	b.  DA Form 20 (Enlisted Qualification Record) shows his SSN as and DOB as.

	c.  Special Orders Number 338, issued by Headquarters, 24th Infantry Division, Fort 
Riley, KS, dated 3 December 1968, shows his SSN as.

	d.  His DD Form 214 for the period ending on 20 December 1968 shows he was 
honorably discharged and transferred to the U.S. Army Reserve until his terminal 
obligation date of 6 February 1972. He completed 2 years and 2 days of net service this 
period. This document shows in:

*	Item 3 (SSN): “”
*	Item 9 (DOB): “”

5.  The Board has an interest in maintaining the accuracy of its records; for historical 
purposes, the data and information contained in those records should reflect the 
conditions and circumstances, as they existed at the time of the records' creation. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation.  The applicant used the contested social security number (SSN) and date of 
birth (DOB) during his entire period of service. Upon review of the applicants petition 
and available military records the Board determined the evidence presented does 
demonstrate the existence of a probable error or injustice. The Board found the overall 
merits of this case are sufficient as a basis for correction of the records of the individual 
concerned. The Board recommended the applicant seek assistance through the social 
security administration office for correction of his social security number and they will be 
able to merge them as well and notify the department of veteran affairs of the 
correction.

2.  In the absence of evidence that shows a material error or injustice, there is a 
reluctance to recommend that those records be changed.  However, the Board agreed 
relief is warranted to show his correct SSN and date of birth as shown on his certificate 
of live birth.  The Board agreed there was sufficient evidence of his date of birth off by 
one number along with his social security number.  Therefore, the Board determined the 
overall merits of this case are sufficient as a basis for correction of the records of the 
individual concerned by amending his DD Form 214 in block 30 (Remarks) to show also 
known as (A.K.A) with his SSN as reflected on his social security card and date of birth 
as reflected on his certificate of live birth to include annotation of awards for his period 
of service in the Republic of Vietnam not annotated on his DD Form 214..  


?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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 
Army records of the individual concerned be corrected by amending his DD Form 214 
for the period ending 20 December 1968 by adding

*	In block 24 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized) Republic of Vietnam Gallantry Cross with 
Palm Unit Citation

*	in block 30 (Remarks) also known as (A.K.A) with his SSN as reflected on his 
social security card and his date of birth as reflected on his certificate of live birth.


	 
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.


REFERENCES:

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 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.

2.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for the 
preparation of the DD Form 214. It provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement, or discharge. The version in 
effect at the time stated Item 3 (SSN), transcribe form DA Form 2139 (Military Pay 
Voucher) and Item 9 (DOB) is self-explanatory.

3.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, 
states the DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty. It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge. The information entered thereon reflects the conditions as they existed at the 
time of separation. Block 3 (Social Security Number) states verify accuracy by reviewing 
initial enlistment contract and/or application for appointment.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004801


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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