BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110002670
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XX7-XX-XXXX" instead of "XX6-XX-XXXX." He also requests correction of item 20 (Place of Entry into Current Active Service) to show "Butte, Montana" instead of "Buttle, Montana."
2. The applicant states:
* his SSN is "XX7-XX-XXXX"
* his place of entry was "Butte, Montana"
3. The applicant provides:
* DD Form 214
* social security card
* letter from the Social Security Administration, dated 4 February 2011
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. His DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States at the Armed Forces Examining and Entrance Station (AFEES), in Butte, Montana, on 6 August 1969. He served in Vietnam from 17 June 1970 to 7 May 1971. He was released from active duty on 8 May 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 of his DD Form 214 shows his SSN as "XX6-XX-XXXX."
4. His service personnel records show his SSN as "XX6-XX-XXXX." However, his AGUZ Form 171A (Army Reserve Status and Address Verification), dated June 1972, shows his SSN as "XX7-XX-XXXX."
5. On 1 August 1975, he was honorably discharged from the USAR Control Group (Standby). The discharge orders list his SSN as "XX7-XX-XXXX.
6. The applicant provides a copy of his social security card which shows his SSN as "XX7-XX-XXXX." He also provides documentation from the Social Security Administration in Billings, Montana, which shows his SSN as "XX7-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. He contends his SSN is "XX7-XX-XXXX." Although the evidence of record shows SSN "XX6-XX-XXXX" was used when he was inducted into the Army of the United States in 1969 and upon his release from active duty in 1971, his 1972 and 1975 USAR records show SSN "XX7-XX-XXXX." Since it is reasonable to presume a typographical error occurred throughout his active service, his social security card and documentation from the Social Security Administration are accepted as sufficient evidence with which to correct his military records to show SSN XX7-XX-XXXX.
2. The entry on his DD Form 47 which shows he was inducted at the AFEES in Butte, Montana, is accepted as sufficient evidence with which to amend item 20 of his DD Form 214.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. correcting his military records to show his SSN as "XX7-XX-XXXX" and
b. deleting the entry from item 20 of his DD Form 214 and replacing it with the entry "Butte, Montana."
___________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) AR20110002670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110002670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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