IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000368
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 his social security number (SSN) as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to read XXX-XX-XX56 instead of XXX-XX-XX65.
2. The applicant states the last two digits are transposed.
3. The applicant provides copies of:
* a printout, dated 15 December 2009, from the Social Security Administration
* his 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 personnel records show he was inducted into the Army of the United States on 26 July 1966. His DD Form 47 (Record of Induction) does not contain an entry showing his SSN. He completed basic combat training and advanced individual training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).
3. Item 7 (Social Security Number) of the applicant's DA Form 41 (Record of Emergency Data) shows his SSN as XXX-XX-XX56.
4. Headquarters, U.S. Army Support Command, Saigon, announced 22 Soldiers were being awarded the Army Good Conduct Medal. These orders list the applicant and identify him with the SSN XXX-XX-XX56.
5. On 4 July 1968, the applicant was released from active duty. He had completed 1 year, 11 months, and 9 days of active service that was characterized as honorable. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as XXX-XX-XX65.
6. Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 186 Extract, dated 4 July 1968, lists four Soldiers to be released from active duty. These orders list the applicant and identify him with the SSN
XXX-XX-XX56.
7. U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 06-1233273, dated 21 June 1972, discharged the applicant from the U.S. Army Reserve Control Group (Reinforcement) on 25 July 1972. He is identified on these orders with the SSN XXX-XXXX56.
8. The printout, dated 15 December 2009, from the Social Security Administration and submitted by the applicant states the applicant's current SSN is XXX-XX-XX56.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his correct SSN is XXX-XX-XX56 instead of
XXX-XX-XX65.
2. At the time of the applicant's induction, Soldiers were not identified by their SSN's.
3. All of the orders in the applicant's military personnel records jacket that used an SSN identified him with the SSN XXX-XX-XX56. The only document that shows his SSN as XXX-XX-XX65 is his DD Form 214. Therefore, the preponderance of evidence in this case clearly shows a typographical error occurred in the preparation of the applicant's DD Form 214. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as
XXX-XX-XX56
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 correcting item 3 of his DD Form 214 with an effective date of 4 July 1968 to read XXX-XX-XX56 instead of XXX-XX-XX65.
_____________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) AR20100000368
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ABCMR Record of Proceedings (cont) AR20100000368
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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