IN THE CASE OF:
BOARD DATE: 7 January 2011
DOCKET NUMBER: AR20100017463
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 (Report of Transfer or Discharge) to show "xxx-xx-xx5x" instead of "xxx-xx-xx3x."
2. The applicant states:
* His SSN is incorrect on his DD Form 214
* The eight digit of his SSN is "5" not "3"
3. The applicant provides:
* Military Pay Vouchers
* Orders for the Army Commendation Medal
* Standard Form 89 (Report of Medical History)
* DD Form 214
* Documentation, dated 23 November 2010, from the Social Security Administration
* Promotion orders
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 U.S. Army Reserve (USAR) enlistment record, dated
10 March 1966, shows his SSN as xxx-xx-xx5x. His DD Form 398 (Statement of Personal History), dated 1 March 1966, shows his SSN as "xxx-xx-xx5x." He enlisted in the USAR on 10 March 1966 for a period of 6 years. He was discharged from the USAR on 10 July 1966 for enlistment in the Regular Army (RA). He enlisted in the RA on 11 July 1966 for a period of 3 years. He served as a machine accounting specialist in Vietnam and he was released from active duty on 10 July 1969. He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 3 of the applicants DD Form 214 shows his SSN as "xxx-xx-xx3x."
4. The majority of the applicant's service personnel records contain a service number. However, his DA Form 41 (Record of Emergency Data), DA Form 20 (Enlisted Qualification Record), and several service personnel records show his SSN as "xxx-xx-xx5x." In addition, the documents provided by the applicant (Military Pay Vouchers, orders for the Army Commendation Medal, Standard Form 89, and promotion orders) show his SSN as "xxx-xx-xx5x."
5. In support of his claim, the applicant provided documentation from the Social Security Administration which shows the number "xxx-xx-xx5x."
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicants SSN as "xxx-xx-xx5x" at the time of his enlistment in the USAR and RA. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect the 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 the entry "xxx-xx-xx3x" and replacing it with the entry "xxx-xx-xx5x."
_______ _ __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) AR20100017463
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