IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019124
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 DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) be corrected to show that the last digit of his Social Security Number (SSN) is a 7.
2. The applicant states that his DD Form 214 incorrectly reflects that the last digit of his SSN is a 9 instead of a 7.
3. The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the Purple Heart, which contains his SSN.
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's military records are not available for review. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was serving in the United States Army Reserve (USAR) when he was ordered to active duty on 13 May 1968. He served in Vietnam with G Company, 75th Ranger Regiment and was wounded on 18 August 1969.
4. On 12 December 1969 he was honorably released from active duty (REFRAD) at Schofield Barracks, Hawaii and was transferred to his USAR unit in Hawaii. His DD Form 214 issued at the time of his REFRAD shows that his SSN
contains a 9 as the last digit.
5. The orders awarding the applicant the Purple Heart shows that his SSN contains a 7 as the last digit.
6. 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.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information contained in official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. Inasmuch as the SSN was not being used at the time the applicant entered active duty, it is reasonable to presume that an administrative error occurred at the time his DD Form 214 was prepared that resulted in his SSN being incorrectly depicted on his DD Form 214.
2. Although his records are not available, the orders awarding him the Purple Heart clearly show that his SSN ended with the digit 7. Accordingly, his DD Form 214 should be corrected to reflect his correct SSN.
3. Therefore, his SSN should be corrected to reflect the last digit as being a 7 instead of a 9.
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 last digit of 9 from his SSN and replacing it with a 7.
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) AR20110018746
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110019124
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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