BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110012873
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 social security number (SSN)) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Honorable Discharge Certificate from the U.S. Army Reserve (USAR).
2. The applicant states it was a typo.
3. The applicant provides:
* Honorable Discharge Certificate, dated 6 June 1971
* Social Security card
* Letter, dated 6 June 2011, from the Social Security Administration in Charlottesville, VA
* DD Form 214
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. He enlisted in the Regular Army on 7 June 1965 for a period of 4 years. His DD Form 398 (Statement of Personal History), dated 14 June 1965, shows the entry "XX1-78-97XX" in the SSN section. He served as a military policeman in Vietnam and was released from active duty on 5 May 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX;-59-79XX."
4. His service personnel records contain a service number and various SSNs. However, the following documents show SSN "XX1-58-97XX":
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
* Orders for the Good Conduct Medal
* Promotion orders
* Numerous assignment and reassignment orders
5. He was honorably discharged from the USAR on 6 June 1971. His discharge orders and Honorable Discharge Certificate show SSN "XX1-78-97XX."
6. He provides a letter from the Social Security Administration in Charlottesville, VA, which shows his SSN as "XX1-58-97XX."
DISCUSSION AND CONCLUSIONS:
The preponderance of the evidence of record shows the applicant's SSN as
"XX1-58-97XX." Therefore, it would be appropriate to correct item 3 of his DD Form 214 and his Honorable Discharge Certificate from the USAR to reflect this SSN.
BOARD VOTE:
____x_ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 and Honorable Discharge Certificate from the USAR to list his SSN as shown on the letter from the Social Security Administration.
_______ _ 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) AR20110012873
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ABCMR Record of Proceedings (cont) AR20110012873
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