BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110002347
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 in block 3 that the fifth digit of his Social Security Number (SSN) is a 0 instead of a 9.
2. The applicant states that the fifth digit of his Social Security Number (SSN) is a 0; however, through a clerical error his DD Form 214 was incorrectly prepared to reflect a 9 in the fifth digit.
3. The applicant provides no additional documents with his application.
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 Memphis, Tennessee on 21 September 1967 and at the time of his induction his official records were prepared to reflect an SSN with a fifth digit of 0.
3. He served on active duty until he was honorably released from active duty (REFRAD) on 24 April 1969 as an overseas returnee. He had served 1 year, 7 months, and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows a 9 in the fifth digit of his SSN.
4. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information obtained from official records at the time of separation will be used to prepare the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly reflected on his DD Form 214 has been noted and found to have merit. The applicant was inducted and served the entire period of his service using an SSN containing a 0 in the fifth digit.
2. However, at the time of his REFRAD, his DD Form 214 was incorrectly prepared to reflect a 9 in the fifth digit instead of a 0.
3. Accordingly, his DD Form 214 (block 3) should be corrected to reflect a 0 in the fifth digit of his SSN.
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 showing that the fifth digit of his SSN as reflected in block 3 of his DD Form 214 is a 0 instead of a 9 as currently reflected.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States 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.
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