IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100022954
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last four of digits of his social security number (SSN) as "92XX" vice "96XX" and to show his birth month as "January" vice "June."
2. The applicant states his SSN and birth month are wrong on his DD Form 214.
3. The applicant provides:
* DD Form 214
* DD Form 47 (Record of Induction)
* Letter Orders 10-1273419
* DD Form 256A (Honorable Discharge Certificate)
* National Guard Bureau Form 55 (Honorable Discharge Certificate)
* Social Security Administration (SSA) statement
* Anderson County Health Department birth record
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 was inducted into the Army of the United States (AUS) on 15 November 1967 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).
3. In conjunction with his induction, he filled out DD Form 389 (Statement of Personal History), dated 15 November 1967, wherein he listed his birth month as "January" and the last four digits of his SSN as "92XX."
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his birth month as "January" and the last four digits of his SSN as "92XX."
5. Headquarters, 9th Infantry Division General Orders (GO) Number 755, dated 22 January 1969, awarded him the Army Commendation Medal for outstanding achievement in Vietnam. His SSN is listed with the last four digits as "92XX."
6. Headquarters, 9th Infantry Division GO Number 4379, dated 11 April 1969, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for outstanding achievement in Vietnam. His SSN is listed with the last four digits as "92XX."
7. Headquarters, 9th Infantry Division GO Number 9611, dated 9 July 1969, awarded him the Army Commendation Medal (1st [sic] 2nd Oak Leaf Cluster) for outstanding achievement in Vietnam. His SSN is listed with the last four digits as "92XX."
8. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 29 October 1969 and he was transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation. He completed 1 year, 11 months, and 15 days of creditable active service.
9. Item 3 (SSN) of his DD Form 214 shows his SSN with the last four digits as "96XX" and Item 9 (DOB) of this form shows his birth month as "June."
10. The applicant provides a statement from the SSA wherein it verifies his SSN with the last four digits as "92XX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon induction into the AUS, the applicant listed his birth month as "January" and the last four digits of his SSN as "92XX."
His DA Form 20, created when he entered active duty, also lists his birth month as "January" and the last four digits of his SSN as "92XX." Several awards orders list the last four digits of his SSN as "92XX."
2. In view of the foregoing, it can be presumed that the entry of his birth month as "June" and his SSN with the last four digits as "96XX" on his DD Form 214 was a clerical error. Therefore, he 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:
* deleting from item 3 of his DD Form 214 the last four digits of his SSN "96XX" and replacing it with "92XX"
* deleting from item 9 of his DD Form 214 the birth month of "June" and replacing it with "January"
* issuing him a new Honorable Discharge Certificate, dated 29 October 1969, with the last four digits of his SSN as "92XX"
_______ _ 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) AR20100022954
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ABCMR Record of Proceedings (cont) AR20100022954
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