IN THE CASE OF:
BOARD DATE: 01 July 2008
DOCKET NUMBER: AR20070017315
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Social Security Account Number (SSAN) on his Honorable Discharge Certificate and discharge orders be corrected to reflect the number 0 in the fifth digit instead of the number 8 as currently reflected.
2. The applicant states, in effect, that he entered active duty in January 1967 to attend his basic and advanced individual training at Fort Jackson, South Carolina and just prior to his release from active duty (REFRAD) it was noticed that his SSAN was incorrect. He goes on to state that he was never issued a DD Form 214; however, years later he was discharged from the United States Army Reserve (USAR) with the incorrect digit of 8 in the fifth position of his SSAN. He is now applying for Social Security benefits and has discovered that the incorrect SSAN is a problem.
3. The applicant provides a copy of his Honorable Discharge Certificate, his discharge orders, a copy of his drivers license, and a letter from the Social Security Administration.
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 was born on 6 June 1945 and enlisted in the USAR on 20 October 1965 for a period of 6 years and assignment to Company L, 338th Regiment. He was issued a service number beginning with the prefix of ER to designate his enlisted Reserve component. On 17 January 1967, he was ordered to active duty for training (ACDUTRA). He completed his basic combat training at Fort Campbell, Kentucky and his advanced individual training as a supply clerk at Fort Jackson, South Carolina.
3. On 17 May 1967, he was honorably released from active duty (REFRAD) and was returned to his USAR unit. His DD Form 214 issued at the time of his REFRAD shows his SSAN as having a 0 in the fifth digit.
4. He continued to serve in the USAR until he was honorably discharged on 30 September 1971. His Honorable Discharge Certificate and discharge orders reflect an 8 in the fifth digit.
5. Service numbers were issued by the armed forces as a means of identifying individual members. These were also known as military serial numbers. The Army and Air Force discontinued issuing service numbers on 1 July 1969. Social Security numbers are now used in place of service numbers.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was discharged with the wrong SSAN has been noted and appears to have merit. The applicants only DD Form 214 issued on 17 May 1967, clearly indicates that the fifth digit of his SSAN is 0.
2. Accordingly, the applicants Honorable Discharge Certificate and his discharge orders should be changed to reflect the number 0 in the fifth digit of his SSAN.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 changing the SSAN on his Honorable Discharge Certificate and discharge orders to reflect a fifth digit of 0 instead of 8, which is currently reflected on those documents.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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