BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017308
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 U.S. Army Reserve (USAR) Letter Orders 12-374315, Orders 003-248-365, and his DD Form 256A (Honorable Discharge Certificate) to show the number "3" as the third digit of his social security number (SSN) instead of the number "5."
2. The applicant states the SSN on his USAR orders and his discharge certificate is incorrect.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter Orders 12-374315 and 003-248-365
* DD Form 256A
* Social Security Administration (SSA) statement
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 records show he enlisted in the Regular Army for a period of 3 years on 14 January 1964. His DD Form 4 (Enlistment Record - Armed Forces of the United States) contains only his service number and not his SSN.
3. His records contain a DA Form 41 (Record of Emergency Data), dated 8 November 1966, wherein his SSN is listed with the number "3" as the third digit. He authenticated this form by placing his signature in the appropriate block.
4. His records contain various forms and orders that list only his service number and not his SSN.
5. On 28 December 1966, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN with the third digit as "3."
6. USAR Letter Order 12-374315, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 28 December 1968, shows the applicant was transferred to the USAR Control Group (Standby). The third digit of his SSN is shown as "5."
7. USAR Letter Order 003-248-365, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, dated 24 December 1969, shows the applicant was relieved from the USAR Control Group (Standby) and honorably discharged effective 31 December 1969. The third digit of his SSN is shown as "5."
8. The applicant's DD Form 256A, dated 31 December 1969, shows the third digit of his SSN as "5."
9. The applicant provides a statement from the SSA that indicates the third digit of his SSN is "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his USAR Letter Orders and his DD Form 256A should be corrected to show the number 3 as the third digit.
2. His records contain a DA Form 41, dated 8 November 1966, wherein his SSN is shown with "3" as the third digit. In addition, his DD Form 214 shows his SSN with "3" as the third digit. Therefore, the applicant is entitled to the requested relief.
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:
a. amending USAR Letter Orders 12-374315 and 003-248-365 to show the number "3" as the third digit of his SSN; and
b. issuing him a new Honorable Discharge Certificate, dated 31 December 1969, with the number "3" as the third digit of his SSN.
_______ _ 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) AR20100017308
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017308
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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