IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012816
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the last four digits of his Social Security Number (SSN) are 9704 instead of 9740 as currently reflected.
2. The applicant states his DD Form 214 incorrectly reflects that the last four digits of his SSN are 9740 instead of 9704.
3. The applicant provides a copy of his DD Form 214, a statement from the Social Security Administration indicating that the last four digits of his SSN are 9704, and a copy of a letter from the Department of Veterans Affairs (VA).
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 enlisted in the Regular Army in Indianapolis, Indiana on 14 December 1960 for a period of 3 years. At the time of his enlistment he was issued a Regular Army service number and his SSN was listed on his military records as XXX-XX-9704.
3. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a cook at Fort Sill, Oklahoma. He remained at Fort Sill until he was transferred to Korea on 31 October 1962.
4. He departed Korea on 29 November 1963 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 30 November 1963 as an overseas returnee. He had served 2 years, 11 months, and 17 days of active service.
5. His DD Form 214 issued at the time of his REFRAD reflects that his SSN is XXX-XX-9740.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN depicted on his DD Form 214 is incorrect has been noted and was found to have merit.
2. The applicant's SSN on his DD Form 214 contains the last four digits of 9740 and should be corrected to reflect that the last four digits are 9704. Accordingly, his SSN should be corrected to reflect the last four digits as 9704.
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
Showing on his DD Form 214 that his SSN is XXX-XX-9704 instead of XXX-XX-9740 as currently reflected.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States 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) AR20110012816
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012816
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