BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018273
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 Social Security Number (SSN) be corrected to show that the third digit is a "4" instead of a "3."
2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly reflects that the third digit of his SSN is a "3" instead of a "4."
3. The applicant provides a copy of his Honorable Discharge Certificate
(DD Form 256A), a copy of his DD Form 214 and a copy of Social Security Card.
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 in Columbus, Ohio on 9 February 1966. At the time of his induction he was issued an Army Service Number and he provided his SSN, which contained a "4" as the third digit.
3. He completed his basic training at Fort Gordon, Georgia and his advanced individual training as an intelligence analyst at Fort Holabird, Maryland and was transferred to Fort Bragg, North Carolina where he served until he was transferred to Vietnam on 21 February 1967.
4. He departed Vietnam on 2 February 1868 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 4 February 1968 as an overseas returnee. He had served 1 year, 11 months and 26 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that the third digit of his SSN is a "3."
5. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain a SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. 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. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records incorrectly reflect his SSN as having the number "3" as the third digit instead of the number "4" has been noted and found to have merit.
2. At the time of his induction his records show that his SSN contained the number "4" as the third digit.
3. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his records and it should be corrected at this time.
BOARD VOTE:
_X____ _X_______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 SSN contained in block 3 of his DD Form 214 and entering the SSN contained on the Social Security Card provided by the applicant.
2. The Board wants the applicant and all others to know that 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) AR20110018273
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ABCMR Record of Proceedings (cont) AR20110018273
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