IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080002941
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, in effect, correction of his social security number (SSN) and last duty assignment on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1968.
2. The applicant states, in effect, that his SSN is 437-__-____, not 473-__-____, and his last duty assignment was the 173d Airborne Brigade, not the 143d Airborne Brigade.
3. The applicant provides a copy of his Social Security Card and his DA Form 20 (Enlisted Qualification Record).
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 enlisted in the Regular Army on 16 July 1965. At that time, service numbers rather than SSNs were used to identify Soldiers, and his enlistment contract does not list an SSN.
3. The applicant arrived in Vietnam and was assigned to Company B, 4th Battalion, 503d Infantry, 173d Infantry Airborne Brigade, on 8 June 1967.
4. The applicant was honorably released from active duty on 2 June 1968. Item 3 (Social Security Number) of his DD Form 214 for the period ending 2 June 1968 shows his SSN as 473-__-____. Item 12 (Last Duty Assignment and Major Command) of this DD Form 214 shows his last assignment as Co B 4th Bn 503rd Inf 143rd Abn Bde APO 96250 USARV (i.e., Company B, 4th Battalion, 503d Infantry, 143d Airborne Brigade, APO 96250, U. S. Army Vietnam).
5. Few documents in the applicants records for his Regular Army service contain an SSN. Two documents, one dated 21 February 1968 and one dated 16 May 1968, show his SSN as 437-__-____. His separation orders, dated 2 June 1968, show his SSN as 473-__-____.
6. A few documents from his U. S. Army Reserve service show the applicants SSN as 473-__-____.
7. The applicant enlisted in the Regular Army again on 30 April 1970. His enlistment contract shows his SSN as 437-__-____. He was honorably discharged on 23 October 1973. Item 3 of his DD Form 214 for the period ending 23 October 1973 shows his SSN as 437-__-____.
DISCUSSION AND CONCLUSIONS:
1. The preponderance of the evidence shows that the applicants SSN is 437-__-____ and not 473-__-____. The error appears to have been caused by a transposition of the 2d and 3d digits of his SSN that began with his June 1968 separation orders and carried over into some documents from his subsequent service.
2. The available evidence of record also indicates that an administrative error was made in item 12 of the applicants DD Form 214 for the period ending 2 June 1968. His last duty assignment was with the 173d Airborne Brigade, not the 143d Airborne Brigade.
3. The applicants DD Form 214 for the period ending 2 June 1968 should be amended to show his SSN as 437-__-____ and his last duty assignment as being with the 173d Airborne Brigade.
4. In addition, a DD Form1343 (Notification of Change in Service Members Official Records) should be prepared to show that the applicants SSN is 437-__-____.
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 entry, 473-__-____ in item 3 of his DD Form 214 for the period ending 2 June 1968;
b. deleting the entry, Co B 4th Bn 503rd Inf 143rd Abn Bde APO 96250 USARV from item 12 of his DD Form 214 for the period ending 2 June 1968;
c. adding the entry, 437-__-____ in item 3 of his DD Form 214 for the period ending 2 June 1968;
d. adding the entry, Co B 4th Bn 503rd Inf 173rd Abn Bde APO 96250 USARV in item 12 of his DD Form 214 for the period ending 2 June 1968; and
e. preparing a DD Form1343 to show that his SSN is 437-__-____.
_______XXXX _ _______ ___
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.
ABCMR Record of Proceedings (cont) AR20080002941
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ABCMR Record of Proceedings (cont) AR20080002941
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