IN THE CASE OF: BOARD DATE: 3 November 2011 DOCKET NUMBER: AR20110010385 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 23 March 1973 be corrected to show that the first digit of his Social Security Number (SSN) is a “3.” 2. The applicant states that his last DD Form 214 incorrectly reflects that the first digit of his SSN is a “5,” when in fact it is a “3.” 3. The applicant provides copies of his first and last DD Forms 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 enlisted in the Regular Army on 27 April 1967 for a period of 3 years. At the time of his enlistment the first digit of his SSN was recorded as a “3.” He completed his training as a Hercules Missile Crewman and was transferred to Alaska on 22 September 1967. 3. On 16 January 1968 he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge reflects that the first digit of his SSN is a “3.” 4. On 17 January 1968 he reenlisted for a period of 3 years and assignment to Vietnam. He was transferred to Vietnam on 12 March 1968 and served there until he departed as a patient on 23 November 1969. He was subsequently assigned to Fort Bliss, Texas. 5. On 31 May 1970 he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge reflects that the first digit of his SSN is a “3.” 6. On 1 June 1970 he reenlisted for a period of 3 years and assignment to Vietnam. He was transferred to Vietnam on 13 August 1970 and served there until 12 March 1972 when he was transferred to Fort Riley, Kansas, where he remained until 23 March 1973 when he was honorably released from active duty (REFRAD) to accept employment. His DD Form 214 issued at the time of his REFRAD reflects that the first digit of his SSN is a “5.” 7. A review of his official records shows that his entire service was performed under the SSN with the first digit of “3.” 8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 dated 23 March 1973 incorrectly reflects a “5” as the first digit of his SSN has been considered and was found to have merit. All of the documents contained in the applicant’s records which list an SSN show the first digit as a “3.” 2. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his DD Form 214 dated 23 March 1973 as having a “5" in the first digit. 3. Accordingly, his DD Form 214 dated 23 March 1973 should be corrected to show the first digit of his SSN in block 3 is a “3.” BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 showing that the first digit of his SSN as depicted on his DD Form 214 dated 23 March 1973 is a “3” instead of a “5.” 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ __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) AR20110010385 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110010385 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1