IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080008769
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 to the social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that the eighth and ninth digits of his social security number are a "7" and "2" and not a "2" and "7, as shown on his DD Form 214. He also states, in effect, that the error was noticed when he was applying for Vietnam related benefits.
3. In support of his application, the applicant provides copies of his DD Form 214 and Social Security Card.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests, in effect, that the applicant's social security number be corrected on his DD Form 214.
2. Counsel states, in effect, the applicant should be issued a DD Form 215 (Correction to DD Form 214).
3. Counsel provides no additional documentation in support of the applicant's 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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 18 May 1967. At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix "US."
3. The applicant provided a copy of his Social Security Card showing the eighth and ninth digits as a "7" and "2."
4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 1 (Name and Service Number), lists the same social security number as shown on the applicant's Social Security Card.
5. The applicant was honorably released from active duty, in pay grade E-5, on 8 February 1969, as an Overseas Returnee, and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).
6. Item 2 (Service Number), of the applicant's DD Form 214, shows the number with which he was identified throughout his service in the Army. Item 3 (Social Security Number), shows the eighth and ninth digits of his social security number as a "2" and "7."
7. The applicant was issued Letter Orders Number 04-1082256, dated 18 April 1973, announcing his discharge from the USAR on 1 May 1973, at the expiration of his term of service. These orders list the same social security number as shown on the applicant's Social Security Card.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to correction to his social security number on his DD Form 214. The eighth and ninth digits were erroneously entered as 2 and 7. The evidence of record and documentation submitted with the application shows the eighth and ninth digits of the social security number should be a 7 and 2. Therefore, it is concluded that the seventh and eighth digits of the social security number shown on his DD Form 214 should be corrected to show a 7 and 2.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
___X____ ____X___ ___X____ 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 showing on the DD Form 214 of the individual concerned the seventh and eighth digits of the social security number as a 7 and 2" and by providing him a separation document that includes these corrections.
_______ _ X_______ ___
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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