IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006843
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 military record to show his correct social security number (SSN) as "xxx-xx-x3xx" instead of "xxx-xx-x4xx."
2. The applicant states his SSN is incorrectly listed on his discharge paperwork.
3. The applicant provides:
* Honorable Discharge Certificate, dated 31 May 1972
* Letter Orders Number 05-1694, issued by Headquarters, Fifth United States Army, Fort Sam Houston, TX, dated 15 May 1972
* DD Form 44 (Record of Military Status of Registrant), dated 13 June 1966
* DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 26 September 1971
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 record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 13 June 1966, that was prepared during his enlistment processing in the U.S. Army Reserve (USAR). Item 37 (Remarks) includes an entry that shows his SSN as "xxx-xx-x3xx."
3. On 13 June 1966, the applicant enlisted in the USAR for a period of 6 years. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry into the USAR lists his SSN as "xxx-xx-x4xx."
4. On 24 February 1967, he entered active duty for the purpose of military occupational specialty (MOS) training. He completed his training and he was awarded MOS 11E (Armor Crewman). On 25 June 1967, he was released from active duty and transferred to his USAR unit.
5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 4 months and 2 days of total active service. Item 3 (SSN) contains the entry "xxx-xx-x3xx."
6. Letter Orders Number 05-1694, dated 15 May 1972, honorably discharged the applicant from the USAR, effective 31 May 1972. These orders list his SSN as "xxx-xx-x4xx." The corresponding Honorable Discharge Certificate shows the same SSN.
7. The applicant's military record contains other documents that list his SSN as either "xxx-xx-x3xx" or "xxx-xx-x4xx."
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows the SSN listed on the applicant's discharge order from the USAR and corresponding Honorable Discharge Certificate, both dated in May 1972, is different from the SSN listed on his DD Form 4 prepared during the enlistment processing, dated 13 June 1966. In addition, his SSN was listed differently throughout his military record which further corroborates his claim. Therefore, it would be appropriate to amend his discharge orders from the USAR and to issue him a new Honorable Discharge Certificate to show his SSN as shown on his DD Form 4.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. amending Letter Orders Number 05-1694, dated 15 May 1972, to show his SSN as shown on his DD Form 4, and
b. issuing him a new Honorable Discharge Certificate that shows his SSN as shown on his DD Form 4.
____________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) AR20120006843
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ABCMR Record of Proceedings (cont) AR20120006843
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