IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080019469
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number.
2. The applicant states that he noticed the error when filing a claim.
3. The applicant provides, in support of his application, copies of his DD Form 214 and his Social Security 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. On 18 January 1966, the applicant was inducted into the Army of the United States for 2 years. He was assigned a service number of US 55 884 ###. At the time of his entry into the service the social security number was not routinely used by the Department of the Army.
3. On or about 17 June 1966, the applicant completed his initial training and was awarded military occupational specialty 95B (Military Policeman). He was subsequently assigned for duty with the 720th Military Police Battalion located at Fort Hood, Texas.
4. On 19 October 1966, the applicant went with his unit to the Republic of Vietnam where he served as a military policeman until his return to the United States on or about 21 October 1967.
5. On 24 October 1967, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 9 months, and 7 days of creditable active duty service.
6. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as ###-##-2416.
7. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his social security number as ###-##-2476.
8. Item 1 (Social Security Account Number) of the applicant's USAAC Form 170 (Army Personnel Data Review), dated 29 December 1967, shows the applicant's social security number as ###-##-2476.
9. The applicant's Social Security Card provided with his application shows his social security number as ###-##-2476.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his social security number was incorrectly entered on his DD Form 214.
2. The evidence of record clearly shows that the applicant's social security number at the time of his release from active duty was ###-##-2476 and not as entered on his DD Form 214.
3. In view of the above, his DD Form 214 should be corrected to show his correct social security number.
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 in item 3 of his DD Form 214: ###-##-2476.
__________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) AR20080019469
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