BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009966
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the third digit of his Social Security Number (SSN) is a 1 and the fifth digit is a 2.
2. The applicant states his DD Form 214 displays an incorrect SSN showing the third digit is a 2 and the fifth digit is a 1.
3. The applicant provides a copy of his DD Form 214 and a copy of his 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 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. On 23 May 1966, the applicant was inducted into the Army of the United States and he served as a cannoneer. He served in Vietnam from 12 January 1967 to 9 January 1968.
3. On 22 May 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years of active service. His DD Form 214 issued at the time of REFRAD shows his SSN contains a 2 in the third digit and a 1 in the fifth digit.
4. A review of the applicants official records contains only a few documents showing the applicants SSN. However, both versions of the SSN are represented in his records, the one depicted on his DD Form 214 and the one depicted on his Social Security Card.
5. On 1 July 1969, the Army discontinued the 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.
6. The applicants Social Security Card reflects a number that depicts a 1 as the third digit and a 2 as the fifth digit.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicants records contain both versions of the referenced SSN the applicants Social Security Card, in this case, is sufficient to correct his DD Form 214 to show his correct SSN.
2. Accordingly, his DD Form 214 should be corrected to show the third digit of his SSN is a 1 and the fifth digit is a 2.
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 amending his DD Form 214 to show his SSN as it is listed on his Social Security Card.
2. The Board wants the applicant and all others to know that 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.
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