RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080000480
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that the second, eighth, and ninth digits in item
3 (Social Security Number (SSN)) on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that the second digit of his SSN is 5, the eighth digit is 0, and the ninth digit is 3. He contends that the SSN on his DD Form 214 is incorrect.
3. The applicant provides a copy of his Social Security card.
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 DD Form 398 (Statement of Personal History), dated 4 August 1965, shows the second digit of his SSN is 5, the eighth digit is 0, and the ninth digit is 3. He enlisted on 16 August 1965 for a period of 3 years. He served in Vietnam and was released from active duty on 26 February 1969.
3. Item 3 on the applicants DD Form 214 shows the second digit of his SSN is
0, the eighth digit is 3, and the ninth digit is 0.
4. The majority of the applicants service personnel records contain a service number and some records show the second digit of his SSN is 0, the eighth digit is 3, and the ninth digit is 0. However, on 1 April 1969, in response to a request from The Office of the Adjutant General, the applicant reported that the second digit of his SSN was 5, the eighth digit was 0, and the ninth digit was 3.
5. In support of his SSN claim, the applicant provided a copy of his Social Security card which shows the second digit of his SSN is 5, the eighth digit is 0, and the ninth digit is 3.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicants second digit of his SSN is 5, the eighth digit is 0, and the ninth digit is 3. Therefore, it would be appropriate to correct item 3 on his DD Form 214.
BOARD VOTE:
XX_____ __XX____ __XX____ 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:
a. deleting the second, eighth, and ninth digits in item 3 on his DD Form 214; and
b. adding the entry 5 as the second digit, the entry 0 as the eighth digit, and the entry 3 as the ninth digit in item 3 on his DD Form 214.
____ XX____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000480
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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