IN THE CASE OF:
BOARD DATE: 26 FEBRUARY 2009
DOCKET NUMBER: AR20080017245
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his discharge orders be corrected to reflect his correct Social Security Account Number (SSAN).
2. The applicant states, in effect, that his SSAN was incorrectly entered on his records and he is not being credited with any service. He goes on to state that he served in the Reserve, he was honorably discharged, and he wants to receive credit for his service.
3. The applicant provides a copy of his discharge orders and his Honorable Discharge Certificate.
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 was born on 29 March 1940 and enlisted in the United States Army Reserve (USAR) in Long Island, New York on 3 July 1962 for a period of 6 years. At the time of his enlistment, he was assigned a service number. His enlistment contract also reflects that the fourth digit of his SSAN was a "3".
3. He was ordered to active duty for training (ACDUTRA) on 1 August 1962 and was transferred to Fort Dix, New Jersey to undergo his basic and advanced individual training. He completed his training and was honorably released from ACDUTRA on 31 January 1963 and was transferred back to his USAR unit. His DD Form 214 issued at the time of his release from ACDUTRA reflects that the fourth digit of his SSAN was a "2."
4. The applicant continued to serve in the USAR in a variety of different assignments until he was honorably discharged from the USAR on 27 August 1968. However, his discharge orders reflect that the fourth digit of his SSAN was a "2".
5. On 20 February 1969, officials at the United States Army Administration Center in St. Louis, Missouri dispatched a letter to the applicant informing him that effective 1 July 1969, the SSAN would replace the Military Service Number. That letter reflected the applicant's correct SSAN with a "3" in the fourth digit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his SSAN is incorrectly reflected on his DD Form 214 and discharge orders has been considered and found to have merit.
2. Both the applicant's discharge orders and his DD Form 214 reflect the fourth digit of his SSAN is a "2," when in fact it should reflect a "3." Accordingly, he is entitled to have those documents corrected at this time.
3. Additionally, it is recommended that the applicant provide copies of these proceedings along with the corrected documents to the Social Security Administration to ensure that he is credited with his service.
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 his DD Form 214 and his discharge orders from the USAR that the fourth digit of his SSAN is a "3" instead of a "2" as currently reflected on those documents.
_______ _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) AR20080017245
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