IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006098
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 reflect the second digit of his social security number (SSN) as "5" instead of "6."
2. The applicant states his DD Form 214 incorrectly reflects the second digit of his SSN as "6" instead of "5."
3. The applicant provides a copy of his DD Form 214 and a copy of a social security benefit 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 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 was inducted into the Army of the United States in Houston, Texas, on 13 December 1965. At the time of his induction he completed a DA Form 3027 (Request for National Agency Check) and indicated the second digit of his SSN was "5." He was issued an Army service number at the time of his induction. He completed basic training at Fort Polk, Louisiana; advanced individual training as an indirect fire infantryman at Fort Gordon, Georgia; and airborne training at Fort Benning, Georgia; before being transferred to Vietnam on 3 July 1966.
3. He departed Vietnam on 6 July 1967 for assignment to Fort Bragg, North Carolina, where he remained until he was honorably released from active duty (REFRAD) on 12 December 1967 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD reflects the second digit of his SSN as "6."
4. On 1 December 1971, orders were published by the U.S. Army Reserve Components Personnel Administration Center honorably discharging the applicant from the U.S. Army Reserve (USAR) effective 12 December 1971. These orders reflect "5" as the second digit of his SSN.
5. A review of his records shows that only two documents are contained in his official records (other than the DD Form 214) that contain the applicant's SSN, the DA Form 3027 completed during induction and his discharge orders from the USAR. Both documents reflect the second digit of his SSN as "5."
6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that information contained on the DD Form 214 will be taken from official records in effect on the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly reflects "6" in the second digit of his SSN has been noted and appears to have merit.
2. At the time the applicant was inducted, he declared his SSN as having "5" as the second digit. However, at the time of his REFRAD, his DD Form 214 was incorrectly prepared to reflect his SSN as having "6" as the second digit. This is further confirmed by the fact that he was discharged from the USAR and his discharge orders reflect "5" as the second digit of his SSN.
3. Accordingly, his DD Form 214 should be corrected to reflect his SSN contains "5" as the second digit.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending his DD Form 214 to show the second digit of his SSN as "5" instead of "6" as currently reflected.
2. The Board wants the applicant and all others to know 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) AR20110006098
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