BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110015159
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 reflect that the last digit of his social security number (SSN) is a "7."
2. The applicant states that his DD Form 214 incorrectly reflects that the last digit of his SSN is a "5."
3. The applicant provides a copy of his DD Form 214, a copy of his social security card and a statement from the Social Security Administration.
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 on 24 August 1966 and on 25 August 1966 he completed a DA Form 3027 (Request for National Agency Check) indicating that his SSN contained a "7" as the last digit. At the time the applicant was inducted individuals were assigned an Army Service Number instead of a SSN.
3. He completed his basic training at Fort Polk, Louisiana and his advanced individual training as a medical corpsman at Fort Sam Houston, Texas before being transferred to Vietnam. His records contain at least four separate orders indicating that the last digit of his SSN is a "7."
4. He departed Vietnam on 13 February 1968 and was transferred back to
Fort Sam Houston where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that the last digit of his SSN is a "5."
5. 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 applicant's records contain both versions of the referenced SSN the applicant's 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 that the last digit of his SSN is a "7."
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 his SSN as it is listed on his social security card.
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) AR20110015159
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