IN THE CASE OF:
BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090005202
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 social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 21 April 1970 be corrected to show ***-**-8735 instead of ***-**-8738.
2. The applicant states his SSN on his DD Form 214 is incorrect.
3. The applicant provides, in support of his application, copies of his
DD Form 214 and his social security card showing the SSN ***-**-8735.
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 personnel records show he was inducted into the Army of the United States (AUS) on 5 June 1968. He was assigned Army Service Number (ASN) US****9354. On the reverse side of his DD Form 47 (Record of Induction) the SSN ***-**-8735 is entered.
3. A DD Form 398 (Statement of Personal History) was completed and signed by the applicant on 28 May 1968. The applicant entered his SSN on this form as ***-***-8735.
4. Department of the Army Armed Forces Examining and Entrance Station, Cleveland, OH shows a list of individuals inducted on 5 June 1968 and assigned to the U.S. Army Reception Station Fort Knox, KY. The applicant is identified on this list with the ASN US ****9354 and the SSN ***-**-8735.
5. Documents throughout the applicants record show the applicant's SSN
as ***-**-8735, ***-**-8738, ***-**-8755, and ***-**-9735. However, in most cases he is identified with ***-**-8735.
6. On 21 April 1970, the applicant was released from active duty. He had completed 1 year, 10 months, and 17 days of active service that was characterized as honorable. Item 2 (Service Number) of his DD Form 214 contains the entry US****9354. Item 3 (Social Security Number) of his
DD Form 214 contains the entry ***-**-8738.
7. Department of the Army Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 111, dated 21 April 1970, relieved the applicant from active duty not by reason of physical disability and transferred him to the U.S. Army Reserve effective 21 April 1970. These orders identify the applicant with the SSN ***-**-8735.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 47 and the induction orders identify him as
ASN US****9324 and with SSN ***-**-8735.
2. The applicants orders relieving him from active duty identify him with
SSN ***-**-8735. His social security card shows SSN ***-**-8735. The
DD Form 398 was completed by the applicant and he entered SSN ***-**-8735 in the item so designated.
3. In view of the above, the preponderance of evidence indicates the applicant's correct SSN is ***-**-8735. Therefore, it is appropriate to correct his
DD Form 214 to reflect his correct SSN.
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 deleting the current entry in item 3 of his DD Form 214 issued on 21 April 1970 and entering SSN ***-**-8735.
_______ _ __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) AR20090005202
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090005202
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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