IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110016978
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 the social security number (SSN) listed in item 3 of his 9 June 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the DD Form 214 in question contains the wrong SSN.
3. The applicant provides DD Forms 214, dated 9 June 1967 and 30 November 1988, social security card, and military identification (ID) card in support of the application.
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 record shows the applicant served on active duty from 17 June 1964 through 9 June 1967, and again from 13 December 1967 through 30 November 1988, at which time he honorably retired in the grade of sergeant first class/E-7.
3. The applicants records contain a DA Form 2-1 (Personnel Qualification Record) prepared 25 February 1986 and orders and documents covering his service since 13 December 1967. The 9 June 1967 DD Form 214 is the only document remaining in the record from his first period of service.
4. The 9 June 1967 DD Form 214 in question lists the applicants SSN in item 3 using the number 6 as the third digit. The DA Form 2-1, all enlistment documents (DD Forms 4), orders, and other documents remaining in the record list the applicants SSN using the number 1 as the third digit. There are no documents or record entries remaining the Military Personnel Records Jacket (MPRJ) listing the SSN as it is listed on the 9 June 1967 DD Form 214.
5. The DD Form 214 issued to the applicant upon his retirement on
30 November 1988 lists the applicants SSN using the number 1 as the third digit.
6. The applicant provides a social security card and military ID issued at retirement that both list his SSN using the number 1 as the third digit.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed in item 3 of his 9 June 1967
DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant served and retired under the SSN containing the number 1 as the third digit as he now claims is correct, as evidenced by all enlistment documents, orders and other documents remaining in the MPRJ. As a result, it appears clear the SSN entry on the applicant's
9 June 1967 DD Form 214 containing the number 6 as the third digit of the SSN was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 item 3 of his 9 June 1967 DD Form 214 to reflect the SSN as shown on his DA Form 2-1.
_______ _ 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) AR20110016978
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ABCMR Record of Proceedings (cont) AR20110016978
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