IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100026350
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that the first three digits of his Social Security Number (SSN) are "385" instead of "358."
2. The applicant states that his DD Form 214 incorrectly reflects the first three digits as 358 when in fact they are 385.
3. The applicant provides:
* a copy of his Social Security Card
* a statement from the Social Security Administration
* a copy of his DD Form 214
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 inducted in Detroit, MI on 10 November 1966. At the time of his induction the SSN was not used for identification and the applicant was issued an Army Service Number (ASN).
3. He completed his training and he was transferred to Vietnam on 3 May 1967 for duty as an infantryman.
4. On 29 September 1967 he was honorably released from active duty (REFRAD) at Fort Dix, NJ under a hardship discharge. He had served
10 months and 20 days of total active service and he was awarded the Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, and the National Defense Service Medal. Item 3 (SSN) of his DD Form 214 issued at the time of his REFRAD shows the first three digits of his SSN as 358.
5. A review of his official record shows all documents on file containing an SSN reflect the first three digits of his SSN as 385.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the first three digits of his SSN on his DD Form 214 are incorrect has been noted and found to have merit.
2. Not only has the applicant provided sufficient evidence to show that the first three digits of his SSN are 385, but all of the documents in his official records containing his SSN also show the same information.
3. Accordingly, it is reasonable to presume that an administrative error occurred in the typing of his DD Form 214 at the time of his REFRAD and that error should be corrected at this time.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 first three digits of his SSN "358" and replacing it with the correct first three digits of 385.
2. The Board wants the applicant and all others to know that 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) AR20100026350
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ABCMR Record of Proceedings (cont) AR20100026350
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