IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015246
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).
2. The applicant states:
* His SSN is incorrect on his DD Form 214
* His correct SSN is shown on his letter orders, dated 1 September 1971
3. The applicant provides:
* Letter Orders Number 09-399188, dated 1 September 1971
* his 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. The applicant was inducted into the Army of the United States on
15 September 1966. At the time of his induction, a military service number was assigned as the primary identification number. He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served a tour of duty in Vietnam and he was honorably released from active duty at the expiration of his term of service on 13 September 1968. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued at the time shows in item 3 (SSN) a completely different number than that shown on the letter orders provided by the applicant.
3. The applicant's official military personnel file (OMPF) contains the following documents bearing the SSN he claims is correct:
* DD Form 398 (Statement of Personal History), dated 14 September 1966
* DA Form 3027 (U.S. Army Request for National Agency Check), dated
20 September 1966
* DA Form 41 (Record of Emergency Data), dated 30 March 1968
4. The applicant provided Letter Orders Number 09-399188, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 1 September 1971, that reassigned him from the USAR Control Group (Annual Training) to the USAR Control Group (Standby), effective 15 September 1971. These orders contain the SSN the applicant claims is correct.
5. The applicant's OMPF contains Letter Orders Number 08-1319596, issued by the same headquarters, dated 23 August 1972. These orders honorably discharged him from the USAR Control Group (Standby) at the expiration of his term of service in the Standby Reserve, effective 14 September 1972. These orders contain the SSN the applicant claims is correct.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as shown on the letter orders he provided is consistent with the SSN reflected on the official documents referenced above. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect the same SSN as shown on these documents.
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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on the documents extracted from his OMPF.
__________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) AR20110015246
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015246
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