IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080015630
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 the second and third digits in item 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Transfer or Discharge) be corrected. He also requests that item 9 (Date of Birth) on his DD Form 214 be corrected to show 12 March 1944 instead of 12 May 1944.
2. The applicant states his SSN and date of birth are incorrect on his DD Form 214. He states, in effect, that the second digit of his SSN is 6 and the third digit is 5 and that he was born on 12 March 1944.
3. The applicant provides a Social Security card; a copy of his DD Form 214; a Department of Veterans Affairs certificate of eligibility; a birth certificate; a California driver license; and a Medicare health insurance 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 induction record, dated 6 June 1968, and his DD Form 398 (Statement of Personal History), dated 13 June 1968, show the second digit of his SSN is 6 and the third digit is 5. These records also show he was born on 12 March 1944. He served as a field artillery crewman in Vietnam and was released from active duty on 5 June 1970.
3. Item 3 on the applicants DD Form 214 shows the second digit of his SSN is 5 and the third digit is 6. Item 9 on his DD Form 214 shows he was born on 12 May 1944.
4. The majority of the applicants service personnel records, including his DA Form 41 (Record of Emergency Data) and DA Form 428 (Application for Identification Card), show the second digit of his SSN is 6 and the third digit of his SSN is 5.
5. In support of his claim, the applicant provided a copy of his Social Security card which shows the second digit of his SSN is 6 and the third digit is 5. He also provided a copy of his birth certificate which shows he was born on
12 March 1944.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicants second digit of his SSN is 6 and the third digit is 5. Therefore, it would be appropriate to correct item 3 on his DD Form 214.
2. The evidence of record shows the applicant was born on 12 March 1944. Therefore, it would be appropriate to correct item 9 on his DD Form 214 to show this date.
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:
a. deleting the second and third digits in item 3 on his DD Form 214;
b. adding the entry, 6 as the second digit and 5 as the third digit in item 3 on his DD Form 214;
c. deleting the entry, May in item 9 on his DD Form 214; and
d. adding the entry, March in item 9 on his DD Form 214.
_______ _ xxx _______ ___
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) AR20080015630
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ABCMR Record of Proceedings (cont) AR20080015630
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