IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024800
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the first digit of his social security number (SSN) as "5" instead of "4."
2. The applicant states a typographical error occurred when his DD Form 214 was prepared and the first digit of his SSN was incorrectly typed to reflect the first digit "4."
3. The applicant provides a copy of his DD Form 214, a copy of his social security card, and a Social Security Administration Form SSA-1099 (Social Security Benefit 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 applicant's 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 applicant's 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 were not available for review by the Board; however, his DD Form 214 reflects the applicant was inducted into the Army of the United States on 24 January 1967. At the time of his induction he was issued a service number. He completed his training as a radio teletype operator and was transferred to Vietnam.
3. He served 1 year, 2 months, and 13 days in Vietnam and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 2 January 1969 as an overseas returnee.
4. His DD Form 214 issued at the time of his REFRAD reflects an SSN with the first digit "4."
5. The supporting documents submitted by the applicant show the applicant's SSN contains the first digit "5."
6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's records are not available for review, the SSN was not used during the period the applicant served and given the minor administrative error contained in his SSN, it is reasonable to presume an administrative error occurred in his case.
2. Accordingly, his DD Form 214 should be corrected to reflect the first digit of his SSN as "5" instead of "4" as currently reflected.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 showing the first digit of his SSN as "5."
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100024800
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ABCMR Record of Proceedings (cont) AR20100024800
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