IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110005354
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 records to show his social security number (SSN) as "228-XX-XXXX" instead of "579-XX-XXXX."
2. The applicant states his SSN was changed to "228-XX-XXXX" in the 1970's and he would like to receive credit for his service in Vietnam.
3. The applicant provides:
* Social Security Administration (SSA) Form SSA-2458 (Report of Confidential Social Security Benefit Information)
* Army Board for Correction of Military Records letter
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record) page 2 only
* Virginia driver's license
* social security card
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 military records show he was inducted into the Army of the United States on 17 May 1966. His DA Form 20 prepared upon his entry on active duty, all orders except one, and all other documents pertaining to him throughout his active duty military service on file in his official military personnel file (OMPF) list the SSN he claims is incorrect.
3. Item 31 (Foreign Service) of his DD Form 20 shows he served in the Republic of Vietnam (RVN) from 20 October 1966 to 19 October 1967.
4. Headquarters, Personnel Center, U.S. Army Garrison Troop Command, Fort Bragg, issued Special Orders Number 101, dated 14 May 1968, directing the applicant's release from active duty (REFRAD) and it lists the SSN the applicant now claims is correct.
5. On 16 May 1968, the applicant was honorably REFRAD and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time lists the SSN the applicant claims is incorrect in item 3 (SSN).
6. The applicant provides Form SSA-2458, dated 7 March 2011, which shows:
a. he was issued his first SSN in December 1965,
b. he was issued a second SSN in November 1967,
c. both SSN's have been cross-referenced to confirm each number belongs to the applicant, and
d. information as to why he was issued two SSN's is unknown.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant primarily performed his military service under SSN "579-XX-XXXX," his REFRAD orders list his SSN as "228-XX-XXXX" and the SSA confirms this as the SSN issued to him in November 1967. As a result, this is the SSN he held on the date of his REFRAD and item 3 of his DD Form 214 should be corrected accordingly.
2. A copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the SSN's recorded in his military record.
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. amending item 3 of his DD Form 214 to show his SSN as
"228-XX-XXXX" and
b. issuing him a correction to his DD Form 214 that includes this change.
___________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) AR20110005354
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ABCMR Record of Proceedings (cont) AR20110005354
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