IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004963
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 the seventh digit in item 3 (Social Security Number) on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states that it was an administrative error when he was discharged. He contends that the seventh digit of his SSN is "9" not "8."
3. The applicant provides a Department of the Treasury, Internal Revenue Service 2006 Form 1099-R and a copy of his DD Form 214 in support of his 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 was inducted on 9 August 1966. His DD Form 398 (Statement of Personal History), dated 23 January 1967, shows SSN xxx-xx-x9xx. He served as an equipment storage specialist and was released from active duty on 21 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 on the applicants DD Form 214 shows the seventh digit of his SSN is "8."
4. The majority of the applicant's service personnel records contain a service number. However, his Record of Emergency Data and DA Form 302 (U.S. Army Request for National Agency Check) show the seventh digit of his SSN is "9."
5. In support of his claim, the applicant provided a 2006 Form 1099-R which shows the seventh digit of his SSN is "9."
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicants seventh digit of his SSN is "9." Therefore, it would be appropriate to correct item 3 on his DD Form 214.
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:
a. deleting the seventh digit in item 3 on his DD Form 214; and
b. adding the entry "9" as the seventh digit in item 3 on his DD Form 214.
_______ _ 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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