IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015486
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XXX-XX-X4XX" instead of "XXX-XX-X2XX."
2. The applicant states his DD Form 214 has an incorrect SSN.
3. The applicant provides two letters from the Social Security Administration in Philadelphia, PA.
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 applicants DD Form 1548 (Preinduction Processing and Commissioning Data - Medical, Dental, and Allied Specialist Categories), dated 30 April 1968, shows his SSN as "XXX-XX-X4XX." He was appointed a captain in the U.S. Army Reserve (USAR) on 14 June 1968. He was ordered to active duty on
4 September 1968. He served as a general surgeon in Vietnam from 17 October 1968 to 16 October 1969 and he was released from active duty on 3 September 1970.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX-XX-X2XX."
4. His personnel records show SSN "XXX-XX-X4XX."
5. He was honorably discharged from the USAR on 25 November 1970 due to resignation. His SSN is shown as "XXX-XX-X4XX" on these orders.
6. He provided a letter, dated 22 July 2011, from the Social Security Administration in Philadelphia, PA which indicates his SSN is "XXX-XX-X4XX."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "XXX-XX-X4XX" at the time of his appointment in the USAR in 1968. Therefore, it would be appropriate to correct item 3 of his DD Form 214 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 deleting the entry in item 3 of his DD Form 214 and adding the SSN as it is listed on his USAR order, dated 25 November 1970.
_______ _ 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) AR20110015486
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ABCMR Record of Proceedings (cont) AR20110015486
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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