IN THE CASE OF:
BOARD DATE: 03 FEBRUARY 2009
DOCKET NUMBER: AR20080017974
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 (Certificate of Release or Discharge from Active Duty) for the period 4 August 1980 to 3 August 1983, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that the last four digits of his social security number (SSN) are 3530.
2. The applicant states that his DD Form 214 incorrectly shows that the last four digits of his SSN are 3580.
3. The applicant provides his DD Form 214 and a copy of his military identification card in support of this application.
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's military records show that he retired from the United States Army Reserve in the rank of lieutenant colonel after completing 23 years of qualifying service for non-regular retirement. All of the documents in his military records, with the exception of item 3 (Social Security Number) of his DD Form 214, show that the last four digits of his SSN are 3530. His DD Form 214 shows that the last four digits of his SSN are 3580.
3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that the last four digits of his SSN are 3530.
2. It is clear that the applicant's DD Form 214 incorrectly shows that the last four digits of his SSN are 3580 instead of 3530. Therefore, it would be appropriate at this time to correct item 3 of his DD Form 214 to show that the last four digits of his SSN are 3530.
BOARD VOTE:
___X_____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 from item 3 of the applicant's DD Form 214 the last four digits; and
b. adding to item 3 of the applicant's DD Form 214 the last four digits as "3530."
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career. The applicant and all Americans should be justifiably proud of his honorable service in arms.
_______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) AR20080017974
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ABCMR Record of Proceedings (cont) AR20080017974
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