IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100007454
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 the Social Security Number (SSN) listed in
item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the SSN listed in item 3 of his DD Form 214 is incorrect as a result of a typographical error made at the out-processing center.
3. The applicant provides orders issued in 1968 and his DD Form 214 in support of his application.
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's record shows he was inducted into the Army and entered active duty on 17 November 1966. The primary identification number used at the time was the Service Number (SN) which is the number listed on his induction documents.
3. The record does contain a DD Form 398 (Statement of Personal History), dated 11 November 1966, he completed during his induction processing. It also contains a DA Form 3027 (U.S. Army Request for National Agency Check), dated 18 November 1966, during the applicant's induction processing. This document also lists the SSN he now claims is correct in item 4 (Social Security Number).
4. The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared upon his entry on active duty on 22 November 1966, also lists the SSN he now claims is correct in item 1 (Name and Service Number). All orders on file in his record that list a SSN also list the SSN he now claims is correct.
5. On 8 November 1968, the applicant was honorably released from active duty, in the rank of specialist five, after completing 1 year, 11 months, and 19 days of active military service. The DD Form 214 he was issued at the time contains an SSN with fourth and fifth digit numbers of 43 which is different than the fourth and fifth digit numbers 54 listed in the SSN contained in all documents and forms in his record. A DD Form 215 issued to the applicant on 30 August 2007 amending the original DD Form 214 also lists the incorrect SSN in item 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN listed in item 3 of his DD Form 214 is incorrect as a result of an administrative error made at the out-processing center has been carefully considered and found to have merit.
2. The evidence of record confirms the SSN the applicant now claims is correct is listed on all documents and forms contained in his record other than the
DD Form 214 he was issued on 8 November 1968 and the DD Form 215 he was issued on 30 August 2007. As a result, it would be appropriate to correct item 3 of these documents by replacing the incorrect fourth and fifth digit numbers of
43 with the correct numbers of 54.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X__ ____X___ ___X____ 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 amending his 8 November 1968 DD Form 214 and 30 August 2007 DD Form 215 by replacing the incorrect fourth and fifth digits of 43 in item 3 with the correct numbers of 54, and by providing him a correction to these documents that include this change.
_______ _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) AR20100007454
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007454
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