IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002182
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 the ninth digit of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Report of Transfer or Discharge) for the period ending 11 May 1972 be corrected.
2. The applicant states his SSN is xxx-xx-xxx7.
3. The applicant provides his DD Form 214 for the period ending 11 May 1972.
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. His undated DD Form 398 (Statement of Personal History) and induction record show his SSN as "xxx-xx-xxx7." He was inducted into the Army of the United States on 23 January 1969. He was honorably discharged on 18 October 1969 for enlistment in the Regular Army (RA).
3. Item 3 of his DD Form 214 for the period ending 18 October 1969 shows his SSN as "xxx-xx-xxx7."
4. His enlistment contract shows his SSN as xxx-xx-xxx7. He enlisted in the RA on 19 October 1969 for a period of 3 years. He served in Vietnam and he was released from active duty on 11 May 1972.
5. Item 3 of his DD Form 214 for the period ending 11 May 1972 shows his SSN as "xxx-xx-xxx1."
6. The majority of his personnel records show his SSN as "xxx-xx-xxx7."
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicants SSN as "xxx-xx-xxx7" at the time of his induction and enlistment in the RA in 1969. Therefore, it would be appropriate to correct item 3 of his DD Form 214 for the period ending 11 May 1972 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 for the period ending 11 May 1972 the entry "xxx-xx-xxx1" and replacing it with the entry "xxx-xx-xxx7."
___________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) AR20110002182
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ABCMR Record of Proceedings (cont) AR20110002182
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