RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 August 2005
DOCKET NUMBER: AR20050001473
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Ms. Deborah Jacobs
Member
Mr. Michael Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his military records be corrected to show the third digit of his Social Security Number (SSN) is 4 instead of 8.
2. The applicant states that the Social Security Administration says that 4 is the correct number.
3. The applicant provides an Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 21 June 1971; a DD Form 4 (Enlistment Record), dated 22 June 1965; and several service personnel records.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 21 June 1971. The application submitted in this case is dated 22 January 2005.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicants DD Form 4, dated 22 June 1965, shows the third digit of his SSN is 8. He enlisted in the USAR on 22 June 1965 for a period of 6 years. He was ordered to active duty on 5 June 1967 for training and was released from active duty on 1 February 1969.
4. The third digit in item 3 (Social Security Number) on the applicants DD Form 214 is 4.
5. The applicant was honorably discharged from the USAR on 21 June 1971. His USAR discharge certificate shows the third digit of his SSN is 8.
6. The documents in the applicants service personnel records which reflect a SSN (rather than a service number) show the third digit of his SSN as 4 and 8.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. It appears there is a discrepancy in the applicants SSN. However, in the absence of evidence from the Social Security Administration verifying his SSN has always had a third digit of "4," there is insufficient evidence on which to amend the third digit of the applicants SSN at this time.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 June 1971; therefore, the time for the applicant to file a request for correction of any error expired on 20 June 1974. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS______ DJ_____ MF______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of
limitations for timely filing or for correction of the records of the individual concerned.
___John Slone_________
CHAIRPERSON
INDEX
CASE ID
AR20050001473
SUFFIX
RECON
DATE BOARDED
20050811
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0900
2.
3.
4.
5.
6.
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