BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015368
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 service number (SN) and social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 December 1965.
2. The applicant states:
* the second digit in item 2 (Service Number) of his DD Form 214 is incorrectly entered as "4" and should be entered as "1"
* the fifth digit of his Social Security Number in item 32 (Remarks) on his DD Form 214 is incorrectly entered as 8 and it should be entered as 9
3. The applicant provides:
* his DD Form 214
* his DD Form 47 (Record of Induction)
* his DD Form 256A Honorable Discharge) certificate
* his DA Form 24 (Service Record)
* a copy of his social security card
* a copy of his W-2 Form (Withholding Tax Statement)
* a copy of his DD Form 285 (Appointment of Unit Mail Clerk or Mail
Orderly)
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 13 March 1962.
3. The applicants entire military personnel records jacket (MPRJ) shows the second digit of his SN as 1 except for item 2 his DD Form 214 that shows second digit of his SN as 4. His entire MPRJ shows his fifth digit of his Social Security Number as 9 except in item 32 of his DD Form 214 that shows the fifth digit of his SSN as 8.
4. On 12 March 1964, the applicant was honorably released from active duty.
5. The applicants MPRJ contains a DD Form 47 and DD Form 256A that shows the second digit of his service number as 1. He submitted social security card that shows the fifth digit of his social security number is 9.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 12 March1964 shows the second digit of his SN as 4. His DD Form 47 and DD Form 256A confirm the second digit on his SN as 1. Therefore, item 2 of his DD Form 214 should be corrected to show the entry 1 for the second digit of his SN. Item 32 of the applicants DD Form 214 erroneously show the fifth digit of his social security number as 8. His social security card confirms his DD Form 214 is incorrect; therefore, it should be corrected to reflect the fifth digit of his SSN as "9" in item 32 of his DD Form 214.
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 and to excuse failure to timely file. As a result, the Board recommends that item 2 of the applicant's DD Form 214 for the period ending 12 March 1964 be corrected to show the second digit of his SN as 1 and correcting item 32 of his DD Form 214 to show the fifth digit of his SSN as 9.
_______ _ 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) AR20110015368
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ABCMR Record of Proceedings (cont) AR20110015368
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