IN THE CASE OF:
BOARD DATE: 02 March 2010
DOCKET NUMBER: AR20090015556
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, correction to the social security number shown on his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).
2. The applicant states, in effect, that the eighth digit of the social security number should be a 1 and not a 2 as shown. He also states that his original discharge was lost and he believes the error happened when he requested a copy/duplicate of his DD Form 214.
3. The applicants application was forwarded to the Army Board for Correction of Military Records (ABCMR) from the National Personnel Records Center, St. Louis, Missouri, and the documentation listed as being provided in support of his application were not included.
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 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 applicants military records show he was inducted into the Army of the United States in pay grade E-1 on 2 August 1965. His social security number is not listed on his Record of Induction. At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix "US."
3. The applicant's military records contain a DD Form 398 (Statement of Personal History), dated 2 August 1965, that shows the eighth digit of his social security number as a 1.
4. The applicant was honorably released from active duty in pay grade on E-1 on 7 May 1967 as an Overseas Returnee and was transferred to the United States Army Reserve Control Group (Annual Training).
5. Item 2 (Service Number) of the applicant's DD Form 214 shows the number with which he was identified throughout his service in the Army. Item 3 (Social Security Number) shows the eighth digit of his social security number as a "2."
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to correction to the social security number shown on his DD Form 214. The eighth digit was erroneously entered as a 2. The evidence of record shows the eighth digit of his social security number should be a 1.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 on the applicants DD Form 214, Item 3, the eighth digit of the social security number as a 1 and by providing him a corrected separation document that includes this correction.
_______ _ 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) AR20090015556
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090015556
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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