IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110024552
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 four digits of his Social Security Number (SSN) are 1498.
2. The applicant states that his DD Form 214 incorrectly reflects that the last four digits of his SSN are 6040, when in fact they are 1498.
3. The applicant provides a copy of his DD Form 214 and a statement from the Social Security Administration verifying that the last four digits of his SSN are 1498.
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 enlisted in the Regular Army on 29 August 1968 for a period of 2 years. At the time of his enlistment his SSN was listed in his records as having the last four digits of 1498.
3. He completed his basic training at Fort Ord, California and his advanced individual training as a lineman at Fort Gordon, Georgia and was transferred to Vietnam on 22 March 1969.
4. For reasons not explained in the available records, the applicants SSN was lined thru and the last four digits were replaced with the digits 6040.
5. He served in Vietnam until 5 April 1970 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 7 months and 7 days of active service and his DD Form 214 issued at the time of his REFRAD shows that his SSN in block 3 contains the last four digits of 6040.
6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSAN for identification. Prior to 1 July 1969, service members were not required to maintain an SSAN in their records; however, they were usually recorded when provided by the individual Soldier.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his correct SSN has been noted and appears to have merit.
2. The applicants SSN recorded at the time of his enlistment contained the last four digits of 1498; however, for reasons not explained in the available records, all of those entries were lined thru to reflect the last four digits as 6040 and his DD Form 214 was prepared to reflect in block 3 that his SSN contained the last four digits of 6040.
3. Accordingly, his DD Form 214 should be corrected to reflect the last four digits as being 1498 as is verified by the Social Security Administration.
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 changing the SSN in block 3 of his DD Form 214 to reflect the SSN that is depicted on the report from the Social Security Administration indicating that the last four digits of his SSN are 1498.
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) AR20110024552
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024552
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