Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090016605
Original file (20090016605.txt) Auto-classification: Approved
		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 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 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016605



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001769

    Original file (20120001769.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110000800

    Original file (20110000800.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the service number RA5xxxxxxx and SSN xxx-7x-xxxx. Accordingly, he is entitled to correction of his DD Form 214 to show the SSN xxx-7x-xxxx.

  • ARMY | BCMR | CY2013 | 20130003813

    Original file (20130003813.txt) Auto-classification: Approved

    The applicant requests corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 3 (Social Security Number (SSN)) the entry "xxx-9x-xxxx" instead of "xxx-4x-xxxx" * item 21 (Home of Record (HOR)) the entry "Gulf" instead of "Gull" 2. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, states the SSN in item 3 of the DD Form 214 will be transcribed from the Soldier's DA Form 2139. Therefore, his DD Form 214...

  • ARMY | BCMR | CY2011 | 20110021228

    Original file (20110021228.txt) Auto-classification: Approved

    f. Item 41 (Awards and Decorations) does not show award of the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, or the Bronze Star Medal. There is no evidence in the available records showing he was awarded the Purple Heart, Army Good Conduct or Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 14 October 1966 to 17...

  • ARMY | BCMR | CY2011 | 20110022775

    Original file (20110022775.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows her SSN appeared as "xxx-4x-xxxx" on her DD Form 214, the only document in her available service personnel record during her period of military service. Based on her Social Security card, her SSN is actually "xxx-7x-xxxx"; however, there is no evidence to show this is the SSN she used when she served on active duty.

  • ARMY | BCMR | CY2010 | 20100012458

    Original file (20100012458.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Purple Heart, the Air Medal, the Bronze Star Medal (BSM) and any other awards not included. He had served 2 years, 8 months and 12 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal and the Vietnam Service Medal (VSM). A...

  • ARMY | BCMR | CY2014 | 20140017087

    Original file (20140017087.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-3X-XXXX. 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...

  • ARMY | BCMR | CY2014 | 20140005724

    Original file (20140005724 .txt) Auto-classification: Approved

    The applicant requests correction of the social security number (SSN) entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 April 1981. DISCUSSION AND CONCLUSIONS: The SSN shown on the applicant's social security card is recorded throughout his military records. 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 for...

  • ARMY | BCMR | CY2014 | 20140005724

    Original file (20140005724.txt) Auto-classification: Approved

    The applicant requests correction of the social security number (SSN) entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 April 1981. DISCUSSION AND CONCLUSIONS: The SSN shown on the applicant's social security card is recorded throughout his military records. 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 for...

  • ARMY | BCMR | CY2014 | 20140000980

    Original file (20140000980.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 3 July 1965, shows only his assigned service number (SN) and not his SSN. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DD Form 214 was prepared with the SSN he provided at the time.