IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090012658
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that the third digit of his social security account number (SSAN) is "9" instead of "0" as currently reflected.
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects his SSAN as having "0" as the third digit instead of "9."
3. The applicant provides a copy of his SSAN card reflecting "9" as the third digit.
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 applicant's 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 applicant's 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 into the Army of the United States in Des Moines, Iowa, on 7 August 1962. At the time of his induction, his SSAN contained the numeral "9" as the third digit.
3. He completed his training at Fort Leonard Wood, Missouri, and was transferred to the Army Security Agency Field Station in the Philippines on 10 January 1963. He was advanced to the pay grade of E-4 on 22 April 1964 and served until he was honorably released from active duty (REFRAD) as an overseas returnee on 10 July 1964. He had served 1 year, 11 months, and 4 days of total active service. The DD Form 214 issued to him at the time of his REFRAD reflects in block 32 (Remarks) that his SSAN contained the numeral "0" as the third digit.
4. A review of the applicant's official records shows that his SSAN throughout his service reflected "9" as the third digit of his SSAN.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the third digit of his SSAN as reflected on his DD Form 214 should be corrected to reflect "9" as the third digit has been noted and found to have merit.
2. The applicant's official records show that his SSAN throughout his service contained a "9" as the third digit. This, coupled with the fact that he provided a copy of his SSAN card, is indicative that an administrative error occurred at the time his DD Form 214 was prepared.
3. Accordingly, it would be in the interest of justice to correct his DD Form 214 at this time to show that the third digit of his SSAN is "9" instead of "0" as currently reflected.
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 that the third digit of his SSAN as recorded on his DD Form 214 is "9" instead of "0" as currently reflected on that document.
____________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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