IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080012181
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 the social security number (SSN) listed on his Bronze Star Medal (BSM) award.
2. The applicant states, in effect, that the ninth or final digit of the SSN listed on his BSM certificate is incorrect.
3. The applicant provides the following documents in support of his application: separation document (DD Form 214); BSM certificate and citation; and North Carolina Department of Administration Letter, dated 17 July 2008.
COUNSEL'S REQUEST, STATEMENT AND 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 Personnel Records Jacket (MPRJ) contains a Record of Induction (DD Form 47), which was prepared on 19 September 1968, during his induction processing. This document records the last digit of his SSN as 5.
3. The applicant's Enlisted Qualification Record (DA Form 20) prepared on him upon his entry on active duty shows the final digit of his SSN as a 5.
4. The majority of documents on file in the applicant's MPRJ list the last digit of his SSN as 5.
5. The applicant's record shows he was inducted into the Army of the United States and entered active duty on 2 September 1969. He was trained in, awarded and served in military occupational specialty (MOS) 12B (Combat Engineer), and the highest rank he attained while serving on active duty was specialist four (SP4).
6. The applicant's DA Form 20 shows, in Item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN) from 2 February to 3 December 1970. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the Company D, 65th Engineer Battalion, 25th Infantry Division.
7. The applicants MPRJ contains Headquarters, 25th Infantry Division General Orders Number 10961, dated 8 November 1970. These orders awarded the applicant the BSM and erroneously list the number 9 as the last digit of his SSN.
8. On 1 September 1971, the applicant was honorably released from active duty (REFRAD) after completing 2 years active military service. The DD Form 214 issued to him at that time contains the number 5 as the last digit of his SSN. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) includes the BSM in the awards listed.
9. The applicant provides a copy of his BSM certificate and citation which erroneously list the number 9 as the last digit of his SSN. He also provides a copy of his social security card which lists the number 5 as the last digit of his SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be issued a new BSM certificate containing his correct SSN was carefully considered and found to have merit.
2. The evidence of record confirms the SSN under which the applicant entered active duty and under which he performed his active duty service contains the number 5 as the last digit, and not the number 9 as listed on his BSM order, certificate, and citation. The SSN entered on the DD Form 47 prepared on him during induction, the DA Form 20 prepared on him upon his entry on active duty, and the DD form 214 prepared on him at the time of his REFRAD correctly list the last digit of his SSN as 5. As a result, it would be appropriate and serve in the interest of justice and equity to amend General Orders Number 10961 and issue him a new BSM certificate that contains his correct SSN.
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
amending General Orders Number 10961 and issuing him a new BSM certificate that reflects the number 5 instead of the number 9 as the final digit of his Social Security Number.
_________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) AR20080012181
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ABCMR Record of Proceedings (cont) AR20080012181
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