RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 October 2006
DOCKET NUMBER: AR20060004363
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 |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jose A. Martinez | |Member |
| |Mr. Bernard P. Ingold | |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 Social Security Number (SSN) on his
retirement orders be corrected.
2. The applicant states, in effect, the retirement orders incorrectly show
his SSN as xxx-xx-x644. He needs his SSN changed to be to verify his
enrollment in TRICARE and entitlement to other Department of Veterans
Affairs (VA) benefits.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or
Discharge); and Department of the Army, Office of the Adjutant General
Letter Orders Number D 4-1097, dated 24 April 1972.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 24 April 1972, the date he was placed on the Retired List. The
application submitted in this case is dated 15 March 2006.
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 limitations 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 applicant’s failure to timely file.
3. The records show the applicant entered active duty on 25 February 1969
and received wounds in combat that resulted in his being found to be
physically unfit for retention.
4. He was released from active duty and placed on the Temporary Disability
Retired List (TDRL) on 13 November 1970.
5. Department of the Army, Office of the Adjutant General Letter Orders
Number D 4-1097, dated 24 April 1972, indicate that the applicant was found
to be permanently unfit for duty by reason of physical disability. The
orders directed he be removed from the TDRL and permanently retired
effective 30 April 1972. The orders list his SSN as xxx-xx-x644.
6. All documentation contained in the applicant’s official records, except
the
24 April 1972 orders, list his SSN as xxx-xx-x664 not xxx-xx-x644.
DISCUSSION AND CONCLUSIONS:
1. A typographical error appears to have occurred in the processing of the
24 April 1972 orders removing the applicant from the TDRL and permanently
retiring him.
2. Since the orders need to correctly show the applicant's correct SSN for
his receipt of VA benefits, it is appropriate to amend these orders to
reflect the correct SSN of xxx-xx-x664.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 April 1975. The applicant did not file within the 3-year
statute of limitations; however, based on the available (evidence or
argument), it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:
__JEA___ __JAM__ __BPI___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the applicant's SSN as xxx-xx-
x664.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20060004363 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061031 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100 |
|2. |108 |
|3. |136 |
|4. | |
|5. | |
|6. | |
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