IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110024287
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, in effect, that his records be corrected to show the sixth digit of his Social Security Number (SSN) is a 7 instead of a 9.
2. The applicant states his records incorrectly reflect the sixth digit of his SSN as 9 when in fact it is a 7.
3. The applicant provides a statement from the Social Security Administration indicating that the sixth digit of his SSN is a 7 and a copy of his Honorable Discharge Certificate.
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 6 December 1966. He completed basic training at Fort Ord, California and advanced individual training as a harborcraft boatswain before being transferred to Thailand on 22 January 1968 for assignment to the 165th Transportation Company (Light Amphibious).
3. On 19 March 1968, he was transferred to Vietnam with his unit and remained there until 23 November 1968. He was transferred to Hawaii and honorably released from active duty (REFRAD) on 5 December 1968 due to the expiration of his term of service. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows in block 3 (SSN) a 9 as the sixth digit. His Honorable discharge Certificate also shows a "9" as the sixth digit.
4. A review of the applicant's official records shows a 7 is listed as the sixth digit.
5. 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 that exists at the time the DD Form 214 is issued.
DISCUSSION AND CONCLUSIONS:
1. The applicants SSN is incorrectly reflected on his DD Form 214. The applicants official records contain the same SSN that is listed on the statement from the Social Security Administration.
2. However, the applicants DD Form 214 and his Honorable Discharge Certificate incorrectly reflect an SSN containing a 9 as the sixth digit instead of a 7.
3. Accordingly, those documents 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 amended by:
a. correcting his Honorable Discharge Certificate and DD Form 214 to reflect the SSN that is listed on the statement from the Social Security Administration; and
b. providing the applicant a document showing the correction to his DD Form 214 and providing him an Honorable Discharge Certificate to replace the certificate now held 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) AR20110024287
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ABCMR Record of Proceedings (cont) AR20110024287
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