IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090000360
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 **4-**-**** to **7-**-****. He also requests all medals and awards issued to his unit during his deployment during Operation Desert Shield/Desert Storm.
2. The applicant states his unit was awarded a medal which he would like to be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also states that he would like to qualify for the Persian Gulf Bonus through his state.
3. The applicant provides a copy of his DD Form 214.
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 all show his SSAN as **7-**-****, with the exception of the DD Form 214 in question and a DD Form 215 (Correction of DD Form 214) that was issued for that DD Form 214.
3. The applicant was issued a DD Form 214 which shows that he was ordered to active duty on 21 November 1990, served as a motor transport operator, and was honorably released from active duty in the rank of sergeant on 20 April 1991. No unit awards were reflected on this DD Form 214, and his SSAN was listed as **4-**-****.
4. On 12 May 1992, the applicant was issued a DD Form 215 which corrected his separation date to 12 April 1991 and his net active service this period. It also added the Meritorious Unit Commendation, Southwest Asia Service Medal with 3 bronze service stars, and the Kuwait Liberation Medal. The DD Form 215 shows the applicant's SSAN as **4-**-****.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit awards were added to his DD Form 214 by the issuance of a DD Form 215.
2. However, both the applicant's DD Form 214 and his DD Form 215 have his SSAN as **4-**-****. The applicant's military records show his correct SSAN is **7-**-****.
3. Since both documents contain an incorrect SSAN, it would be in the interest of justice to issue the applicant a new DD Form 214 with the SSAN **7-**-**** incorporating the corrections made by the DD Form 215.
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 issuing to him a new DD Form 214 for the period ending 20 April 1991 (corrected by the DD Form 215 to read 12 April 1991) with the SSAN changed from **4-**-**** to **7-**-**** and including the corrections made by the DD Form 215 dated 12 May 1992.
_______ _ 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) AR20090000360
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