RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 January 2008
DOCKET NUMBER: AR20070015189
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry
Chairperson
Mr. John T. Meixell
Member
Mr. Rowland C. Heflin
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 retirement orders, dated 8 October 1975, be corrected to show his correct social security number (SSN).
2. The applicant states, in effect, that his SSN on his retirement orders, dated 8 October 1975, should be corrected.
3. In an additional statement, the applicant states that he is unable to receive CRSC (Combat Related Special Compensation) because one number in his SSN was wrong on his retirement orders. He was informed by the records branch that as long as his DD Form 214 (Report of Separation from Active Duty) shows the proper SSN, it should suffice.
4. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), a copy of his Social Security Card, and a copy of his retirement orders, dated 8 October 1975, in support of his request.
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 applicant's completed military records are not available to the Board for review. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case
3. The applicant's DD Form 214 shows that he enlisted in the Regular Army on 23 June 1953. He served through a series of continuous reenlistments. He was promoted to sergeant first class (SFC/E-7) effective 10 March 1974. He was separated for the purpose of retirement on 31 October 1975. He was placed on the Retired List effective 1 November 1975, in the rank of SFC.
4. Item 3, of the applicants DD Form 214s, dated 24 June 1970, 28 March 1974, and 31 October 1975, shows his SSN as ***-40-****.
5. The applicant provided a copy of his Social Security Card which shows the SSN that was issued to him as ***-40-****.
6. The applicant provided a copy of Headquarters, US Army Training Center and Fort Dix Special Orders Number 281, dated 8 October 1975, which shows his SSN as ***-49-****.
7. The applicant's records contain a copy of a letter, dated 12 June 2006, from the Support Divisions, St. Louis, Missouri. The letter informed the applicant that while the SSN on his order is in error, it should not be a determining factor in obtaining benefits since the correct SSN is shown on all of his DD Forms 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant's correct social security number is ***-40-****.
2. The applicant's social security number was incorrectly printed on his retirement orders, dated 8 October 1975, as, ***-49-****, apparently due to a typographical error.
3. The applicant contends that he is, in effect, unable to receive CRSC due to one number that is incorrect on his retirement orders. It is noted that he stated he was informed that his DD Form 214 should suffice; however, it is apparent that his CRSC will not be processed until his retirement orders are corrected.
4. Considering the facts and circumstances of this case, it would now be appropriate, as a matter of fairness and equity, to correct the applicants retirement orders, dated 8 October 1975, to show the correct SSN as ***-40-**** in order to continue to apply for CRSC.
BOARD VOTE:
____J___ ___RCH_ __HOF __ 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 all Department of the Army records of the individual concerned be corrected by correcting the social security number on his retirement orders, dated 8 October 1975, to show the number, ***-40-****.
______Hubert O. Fry_________
CHAIRPERSON
INDEX
CASE ID
AR20070015189
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19751031
DISCHARGE AUTHORITY
AR 635-200, chap 12
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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