BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100011931
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 item 3 (Social Security Number (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "xxx-xx-xx3x" instead of "xxx-xx-xx5x."
2. The applicant states that his DD Form 214 for the period ending 27 October 1971 incorrectly reflects the 8th digit of his SSN as 5 instead of 3.
3. The applicant provides a copy of his Social Security Card showing the 8th digit as "3.
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 a resident of Puerto Rico when he was inducted into the Army of the United States on 12 July 1968. His SSN was recorded as
"xxx-xx-xx3x" as indicated on his induction orders.
3. He completed his basic training at Fort Jackson, SC, his advanced individual training as an infantryman at Fort Gordon, GA, and his airborne training at Fort Benning, GA before being transferred to Baumholder, Germany for assignment to an infantry company. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 4 September 1969.
4. On 25 September 1969, he was honorably discharged for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows his SSN as "xxx-xx-xx3x."
5. On 26 September 1969, he reenlisted for a period of 4 years and training as a basic teletypewriter repairer. His enlistment contract indicated that his SSN was "xxx-xx-xx5x."
6. On 29 January 1970, the U.S. Army Personnel Services Support Center, Fort Benjamin Harrison, IN dispatched a letter to the applicants commander requesting he verify the applicants SSN from the applicants Social Security Card. The commander verified that the applicants SSN was xxx-xx-xx3x. Accordingly, the applicants SSN on his reenlistment contract, dated
26 September 1969, was corrected to reflect his SSN as xxx-xx-xx3x.
7. The applicant's records contain a DD Form 1343 (Notification of Change in Service Member's Official Records), dated 29 April 1970. This form states "The following change has been recorded in the official service records. All records will be changed accordingly." This form further shows the applicant's SSN was changed to "xxx-xx-xx3x."
8. On 27 October 1971, the applicant was honorably discharged under the provisions of Army Regulation 635-40 due to physical disability with severance pay. He was given a 10 percent disability rating percentage. His DD Form 214 issued at the time reflects his SSN as xxx-xx-xx5x.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly reflected on his DD Form 214 for the period ending 27 October 1971 has been noted and found to have merit.
2. The applicant was inducted with an SSN of "xxx-xx-xx3x. However, an administrative error occurred during his service that caused the 8th digit of his SSN to be reflected as 5. Although action was taken to correct that error in his official records, the error was again repeated at the time of his discharge on
27 October 1971 by showing his SSN as "xxx-xx-xx5x" instead of xxx-xx-xx3x.
3. Accordingly, it would be in the interest of justice at this time to correct his DD Form 214 for the period ending 27 October 1971 to show his correct SSN.
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 deleting from item 3 of his DD Form 214 for the period ending 27 October 1971 the entry "xxx-xx-xx5x" and replacing it with the entry "xxx-xx-xx3x."
__________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) AR20100011931
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