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ARMY | BCMR | CY2006 | 20060010861
Original file (20060010861.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060010861 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. Venable

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 his Social Security Number be corrected on his discharge order.

2.  The applicant states, in effect, that his Social Security Number is wrong on his discharge paper and his Selective Service Number is missing.  He states that he would like to have it corrected so that he may have an up to date honorable discharge order.  Also, he may need it to get veterans services.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a letter from the Social Security Administration, dated 1 February 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
1 December 1971.  The application submitted in this case is dated 21 July 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's records show that he entered active duty on 15 December 1965.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 13A1O (Field Artillery Basic).  He was honorably released from active duty after serving 1 year, 9 months, and 25 days of active service.  His remaining Reserve obligation terminated on  
14 December 1971.

4.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry "XXX-XX-5436."

5.  The U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 12-1300705, dated 1 December 1971, shows the applicant's Social Security Number as XXX-XX-5438.

6.  The letter from the Social Security Administration Center confirms that the applicant's correct Social Security Number is XXX-XX-5436.

7.  The Selective Service Number was not a required entry on the discharge orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his Social Security Number be corrected on his discharge orders.

2.  The evidence shows that his Social Security Number is incorrect on his discharge orders.  Therefore, he is entitled to correction of his records to amend Letter Orders Number 12-1300705, dated 1 December 1971 to show  
XXX-XX-5436.

3.  Upon termination of the applicant's Reserve obligation, the Selective Service Number was not required on the discharge orders. Therefore, he is not entitled to correction of his records to show this entry.

4.  Records show the applicant should have discovered the alleged error now under consideration on 1 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 November 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:

________  ________  ________  GRANT FULL RELIEF 

___lds___  ____rsv__  ___jtm___  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 partial 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 Letter Orders Number 12-1300705, dated 1 December 1971 to show the applicant's Social Security Number as  
XXX-XX-5436.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant's Selective Service Number.




___________Linda D. Simmons___________
          CHAIRPERSON




INDEX

CASE ID
AR20060010861
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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