IN THE CASE OF:
BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20090017704
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 the social security number shown on his U.S. Army Reserve (USAR) discharge orders and Honorable Discharge Certificate.
2. The applicant states that his twin brother's social security number is shown on these documents. He and his twin have the same first and middle initials and this is probably the reason.
3. In support of his application, the applicant provides copies of his USAR discharge orders and certificate, birth certificate, and social security card.
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's military records show he enlisted in the USAR in pay grade
E-1 on 20 January 1964 for 6 years. At the time of the applicant's entry into the USAR, he was assigned and further identified throughout his military service with a service number which began with the prefix "ER" for Enlisted Reserve Corps.
3. The applicant's DD Form 4 (Enlistment Record Armed Forces of the United States), Item 37 (Remarks), and his DA Form 41 (Record of Emergency Data) Item 8 (Social Security Number), list the same social security number as shown on the copy of the social security card submitted by the applicant.
4. The applicant was ordered to active duty for training (ACDUTRA) and entered on active duty on 12 February 1964. He was released from ACDUTRA on 13 June 1964 and transferred to a Reserve unit. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that lists in Item 32 (Remarks) the same social security number as shown on his DA Form 41 and social security card.
5. The applicant was honorably discharged from the USAR on 26 January 1970 at the expiration of his term of service. He was issued discharge orders and an Honorable Discharge Certificate showing a totally different number than that listed on his DD Form 4, DA Form 41, DD Form 214, and social security card.
DISCUSSION AND CONCLUSIONS:
1. Based on the evidence, the applicant is entitled to correction to the social security number shown on his USAR discharge orders and Honorable Discharge Certificate. Another social security number was erroneously listed on those documents.
2. In view of the foregoing, the applicant's 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 applicant's USAR discharge orders and Honorable Discharge Certificate, the social security number as shown on his DD Form 4, DA Form 41, DD Form 214, and social security card and by providing him corrected USAR discharge orders and an Honorable Discharge Certificate.
_____________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) AR20090017704
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ABCMR Record of Proceedings (cont) AR20090017704
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