IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012309
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 reflect that the fourth digit of his Social Security Number (SSN) is a 1 instead of a 2.
2. The applicant states his DD Form 214 incorrectly reflects a 2 as the fourth digit of his SSN; however, it 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. The applicant was inducted in Albuquerque, New Mexico on 7 October 1966. At the time of his induction his records were prepared to reflect his SSN as containing a 1 in the fourth digit.
3. He completed his training as a supply specialist and served in Germany and Vietnam. During his service he served with an SSN containing a 1 as the fourth digit.
4. On 7 October 1966, he was honorably released from active duty (REFRAD) at Oakland Army Base, California and his DD Form 214 issued at the time of his REFRAD was prepared to reflect an SSN containing a 2 as the fourth digit.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is documented in official records as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects a 2 as the fourth digit of his SSN instead of a 1 has been noted and found to have merit.
2. The applicant served all of his service with an SSN containing a 1 as the fourth digit and it appears an administrative error occurred at the time of his REFRAD which resulted in a 2 being placed in the fourth digit of his SSN.
3. Accordingly, his DD Form 214 should be corrected to reflect that the fourth digit of his SSN is a 1 instead of a 2 as currently reflected.
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:
* Deleting the SSN contained in block 3 of his DD Form 214
* Entering on his DD Form 214 the SSN that is reflected 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.
ABCMR Record of Proceedings (cont) AR20110012309
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ABCMR Record of Proceedings (cont) AR20110012309
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