RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 September 2007
DOCKET NUMBER: AR20070006049
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Larry C. Bergquist
Chairperson
Ms. Marla J. N. Troup
Member
Ms. Ernestine I. Fields
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 WD AGO Form 100 (Army of the United States Separation Qualification Record) to show his correct social security number (SSN) and date of birth (DOB).
2. The applicant states, in effect, that the SSN and DOB on his WD AGO Form 100 are incorrect and that they are typographical errors that occurred on the day the form was completed. He needs the information corrected so he may apply for Veterans Affairs benefits.
3. The applicant provides a WD AGO Form 100; a copy of his Social Security Card; a copy of his Pennsylvania Driver's License, that expires on 25 August 2010; and an Allegheny County, Pittsburg, PA, coversheet dated 27 September 2004.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 100, Social Security Card, and Pennsylvania Driver's License.
3. The applicant's WD AGO Form 100 shows he entered active duty on 4 August 1943. On 24 February 1946, the applicant was discharged.
4. Item 4 (SOCIAL SECURITY No.) of the applicant's WD AGO Form 100 shows the last four digits of his SSN as "0158" and item 8 (DATE OF BIRTH) shows the entry "14 AUG 1924."
5. The applicant submitted a copy of his social security card that shows the last four digits of his SSN as "0258".
6. The applicant submitted a copy of his Pennsylvania Driver's License that shows his DOB as 24 August 1924.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 100 erroneously shows his social security number as --- -- 0158. The applicant's social security card confirms that the WD AGO Form 100 is incorrect and should be corrected to reflect his social security number as --- -- 0258.
2. The applicant's WD AGO Form 100 erroneously shows his DOB as 14 August 1924. The applicant's Pennsylvania Driver's License confirms that the WD AGO Form 100 is incorrect and should be corrected to reflect the his DOB as
24 August 1924.
3. It appears that the errors on his WD AGO Form 100 are merely typographical errors.
BOARD VOTE:
__LB ___ __MT ___ __EF ___ 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. As a result, the Board recommends that an appropriate document be issued to show the seventh digit of his social security number as "2" and his DOB as 24 August 1924.
___ Mr. Larry C. Bergquist __
CHAIRPERSON
INDEX
CASE ID
AR20070006049
SUFFIX
RECON
DATE BOARDED
11 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
100.0900.0000
2.
3.
4.
5.
6.
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