BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006375
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fourth and fifth digits of his social security number (SSN) as "88" instead of "55."
2. The applicant states his DD Form 214 incorrectly reflects the fourth and fifth digits of his SSN as "55" of instead of "88."
3. The applicant provides a copy of his DD Form 214.
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 applicant's 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 applicant's 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 18 November 1965. At the time of his induction his records were prepared to reflect an SSN with the fourth and fifth digits of "88."
3. He completed his training, served in Vietnam from 11 April to 10 November 1967, and was honorably released from active duty (REFRAD) on 16 November 1967 as an early overseas returnee. He completed 1 year, 11 months, and 29 days of active service. His DD Form 214 issued at the time of his REFRAD shows his SSN with the fourth and fifth digits of "55."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that an administrative error occurred in the preparation of his DD Form 214 in that his SSN incorrectly reflects "55" as the fourth and fifth digits instead of "88" has been noted and is found to have merit.
2. At the time of his induction and throughout his service his SSN contained "88" as the fourth and fifth digits. However, his DD Form 214 was incorrectly prepared to reflect "55" as the fourth and fifth digits of his SSN at the time of his REFRAD.
3. Accordingly, his DD Form 214 should be corrected to reflect "88" as the fourth and fifth digits of his SSN.
BOARD VOTE:
___X__ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 showing the fourth and fifth digits of his SSN on his DD Form 214 as "88" as shown on his record of induction.
2. The Board wants the applicant and all others to know 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) AR20120006375
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ABCMR Record of Proceedings (cont) AR20120006375
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