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ARMY | BCMR | CY2006 | 20060011914
Original file (20060011914.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060011914 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Samuel Crumpler

Chairperson

Mr. Robert Rogers

Member

Mr. Patrick H. McGann Jr.

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 12 March 1968 to show his correct social security number (SSN).  He further requests that the home of record at the time of entry into active duty service be corrected on his DD Form 214.

2.  The applicant states, in effect, that the SSN on his DD Form 214 is incorrect and that the home of record at the time of entry into active duty service should be corrected to show Route 1, Box 99 Double Churches Road, Fortson, Georgia, on his DD Form 214.  

3.  The applicant provides his DD Form 214 and a copy of his social security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 12 March 1968.  The application submitted in this case is dated 12 August 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 was inducted into the Army on 29 March 1966.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the last four digits of his SSN as "8714" and item 21 (Home of Record at the Time of Entry into Active Service) shows the entry "RT 1 BOX 99 DOUBLE DUCHESS RD FORTSON GA."

5.  Item 9 (Social Security Number) of the applicant’s DA Form 41 (Record of Emergency Data) dated 3 September 1967 shows the last four digits of his SSN as 8174.  
6.  Item 3 (Home of Record) of the applicant's DD Form 47 (Record of Induction) shows the entry "Rt 1, Box 99 Double Churches Rd. Fortson, Ga."  Item 9.a (Present Civilian Trade or Occupation) shows the last four digits of his SSN as 8174.

7.  The applicant submitted his social security card that shows the last four digits of his SSN as 8174.

8.  Office of The Adjutant General, U.S. Army Reserve Components and Administration Center Letter Orders Number 02-1071119, dated 23 February 1972 shows the last four digits of the applicant's SSN as 8174.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 with the period ending 12 March 1968 erroneously shows the last four digits of his SSN as 8714.  The applicant's DA Form 41, DD Form 47, Letter Orders, and social security card confirm that his DD Form 214 is incorrect and should be corrected to reflect the last four digits of his SSN as 8174.

2.  Item 21 of the applicant's DD Form 214 erroneously shows his home of record as Rt 1, Box 99 Double Duchess Road, Fortson, GA.  His DD Form 47 confirms that his home of record is incorrect and should be corrected to reflect Rt 1, Box 99 Double Churches Road, Fortson, GA.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 March 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
11 March 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available eividence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__SC ___  __RA ___  ___PHM__  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 item 3 of the applicant's DD Form 214 be corrected to show the last four digits of his SSN as 8174 and item 21 be corrected to show his home of record as Rt 1, Box 99 Double Churches Road, Fortson, GA.




____ Samuel Crumpler___
          CHAIRPERSON




INDEX

CASE ID
AR20060011914
SUFFIX

RECON

DATE BOARDED
3 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
100.0900.0000
2.
112.0500.0000
3.

4.

5.

6.


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