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Decision Text

ARMY | BCMR | CY2006 | 20060008017C070205
Original file (20060008017C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060008017


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Edward Montgomery             |     |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, in effect, that the fourth digit of his social
security number (SSN) be changed from “9” to “8” on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his SSN is incorrect.

3.  The applicant provides a copy of his DD Form 214; his social security
card; a letter from the Social Security Administration, dated 19 May 2006;
and orders awarding him the Marksman Marksmanship Qualification Badge with
Rifle Bar.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 5 December 1971.  The application submitted in this case is dated 23 May
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 applicant enlisted in the Regular Army on 4 June 1969.  Department
of the Army, Armed Forces Examining and Entrance Station, Atlanta, Georgia
Special Orders Number 107, dated 4 June 1969 show the fourth digit of his
SSN as “9.”

4.  The applicant’s DD Form 4 (Enlistment Contract) shows the fourth digit
of his SSN as “9.”

5.  Headquarters, United States Army Training Center, Infantry, Fort
Benning, Georgia Special Orders Number 176, dated 23 July 1969, which
awarded the applicant the Marksman Marksmanship Qualification Badge with
Rifle Bar, show the fourth digit of his SSN as “8.”

6.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon,
Georgia, Special Orders Number 231, dated 15 October 1969, which awarded
the applicant the Sharpshooter Marksmanship Qualification Badge, show the
fourth digit of his SSN as “8.”

7.  Orders awarding the applicant the Army Commendation Medal show the
fourth digit of his SSN as “8.”

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the
fourth digit of his SSN as “9.”

9.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number
81, dated 22 March 1971, promoted the applicant to sergeant on 16 March
1971.  These orders show the fourth digit of his SSN as “8.”

10.  The applicant was released from active duty on 5 December 1971.  Item
3 (Social Security Number) on his DD Form 214 shows the fourth digit of his
SSN as “9.”

11.  The applicant provided a copy of his social security card which shows
the fourth digit of his SSN as “8.”

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s enlistment contract and other documents in his
service records show the fourth digit of his SSN as “9,” his social
security card and several documents in his service records show the fourth
digit of his SSN
as “8.”

2.  It appears that an administrative error has occurred in this case
regarding the applicant's SSN.  Therefore, it would be appropriate to amend
his DD Form 214 to show the fourth digit of his SSN as "8."

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 December 1974.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

BI______  RG______  EM______  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 amending his DD Form 214 to show the
fourth digit of his SSN as "8."




                            Bernard Ingold________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008017                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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