IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080009978
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 separation document (DD Form 214), be corrected to show his Purple Heart and his correct Social Security Account Number (SSAN).
2. The applicant states that he ran over a mine in Vietnam, and his SSAN is
4xx-xx-xxxx not 5xx-xx-xxxx.
3. The applicant provides excerpts from his military medical and personnel records and a copy of his SSAN 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. This Board has already corrected the applicants record to show award of the Purple Heart and a DD Form 215 was issued 9 July 2008 to affect that correction. As such, this issue is not further discussed.
3. The applicant enlisted in the Regular Army on 23 January 1967, served in Vietnam, and was honorably released from active duty on 1 January 1970. His DD Form 214 shows his SSAN as 5xx-xx-xxxx.
4. All of the applicants military records show his SSAN as 4xx-xx-xxxx.
5. On 9 July 2008, the Army Review Boards Agency, St. Louis, Missouri, published a DD Form 215 to add the Purple Heart to the applicants DD Form 214 based upon the approved recommendation of the Board.
DISCUSSION AND CONCLUSIONS:
It is evident that an error was made, that the applicants actual SSAN is
4xx-xx-xxxx. As such, he is entitled to correction of his DD Form 214 to show his correct SSAN.
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 the DD Form 214 of the individual concerned be corrected by showing his SSAN as
4xx-xx-xxxx.
__________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.
ABCMR Record of Proceedings (cont) AR20080009978
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ABCMR Record of Proceedings (cont) AR20080009978
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