IN THE CASE OF:
BOARD DATE: December 23, 2008
DOCKET NUMBER: AR20080015942
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 Social security Account Number (SSAN) be corrected from 1**-**-**** to 4**-**-****.
2. The applicant states that the SSAN entered on his separation document, DD Form 214, is correct.
3. The applicant provides his DD Form 214 and a document with photocopies of his drivers license, his Department of Veterans Affairs (VA) identification card, his SSAN card, and an Armed Forces of the United States Geneva Conventions Identification 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 military records show that he was inducted on active duty on
2 February 1966, was awarded the military occupational specialty of wheeled vehicle repairman, served in Vietnam, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 4 November 1967 as an overseas returnee. The DD Form 214 he was issued has the SSAN 1**-**-**** entered. This is the first time an SSAN was used in the applicants military records. Prior to this he was identified by a Service Number.
4. On 6 March 1968, the applicant completed a USAAC Form 170, Army Reserve Personnel Data Review. In that form he stated that his SSAN was 4**-**-****.
5. As a result of that correction, when the applicant was honorably discharged from the Standby Reserve on 1 February 1972 at the expiration of his statutory military service obligation, his SSAN was listed as 4**-**-****.
DISCUSSION AND CONCLUSIONS:
1. The applicant alerted military officials of the error in his SSAN at the first opportunity, as evidenced by his entry on the USAAC Form 170, which immediately followed his release from active duty.
2. It would appear that the individual entering the applicants information on his DD Form 214 mistook the 4 for a 1.
3. As such, it would now be appropriate to correct the applicants records 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 all Department of the Army records of the individual concerned be corrected by showing his SSAN on his DD Form 214 as 4**-**-****.
_______ _ 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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