DOCKET NUMBER: AR20090016605
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his correct Social Security Number (SSN) as xxx-7x-xxxx.
2. The applicant states, in effect, that an administrative error resulted in the fourth digit of his SSN on his DD Form 214 being reflected as a 9 instead of a 7.
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 was inducted into the Army of the United States in Phoenix, AZ on 23 March 1967. At the time of his induction his SSN was listed as a
xxx-7x-xxxx. He completed his training as a power plant operator and he was transferred to Vietnam on 17 August 1967. He continued to serve until he was honorably released from active duty (REFRAD) at Oakland Army Base, CA on
17 October 1968. He had served 1 year, 6 months, and 25 days of total active service.
3. Item 3 (SSN) of his DD Form 214 reflects his SSN as xxx-9x-xxxx.
4. A review of the applicants Official Military Personnel File (OMPF) shows that his SSN was listed as xxx-7x-xxxx throughout his service.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered the service with a SSN as xxx-7x-xxxx and he served all of his service with this SSN. However, at the time of his REFRAD, his DD Form 214 was incorrectly prepared to reflect his SSN as xxx-9x-xxxx.
2. Accordingly, it is reasonable to presume that an administrative error occurred in the preparation of the DD Form 214 that resulted in his SSN being incorrectly reflected on that form.
3. Therefore, it would be in the interest of justice to correct the error on his DD Form 214 by showing his SSN as xxx-7x-xxxx.
BOARD VOTE:
____x___ ____x___ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 from item 3 of his DD Form 214 the entry xxx-9x-xxxx and replacing it with the entry xxx-7x-xxxx.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090016605
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ABCMR Record of Proceedings (cont) AR20090016605
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