IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007745
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 third digit of his Social Security Number (SSN) is a 9.
2. The applicant states that his SSN in block 3 of his DD Form 214 reflects a 6 as the third digit; however, his correct SSN has a 9 as the third digit.
3. The applicant provides a copy of his DD Form 214, copies of awards orders, birth certificate, Honorable Discharge Certificate, Social Security, Medicare and Department of Veterans Affairs (VA) cards, and his VA Rating Decision.
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 7 November 1966. At the time of his enlistment he provided an SSN that contained a 9 as the third digit. He completed his training as an infantryman and airborne training and was assigned to Fort Bragg, North Carolina.
3. On 14 February 1968, he was transferred to Vietnam and remained there until 10 June 1969 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) on 12 June 1969 as an overseas returnee. He had served 2 years, 7 months, and 6 days of active service. His DD Form 214 issued at the time reflects an SSN that contains a 6 as the third digit.
4. 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 incorrectly reflects his SSN as having a 6 as the third digit has been noted and found to have merit.
2. His records show that the third digit of his SSN is a 9 and that his SSN was prepared to reflect a third digit of 6.
3. Accordingly, his records should be corrected to reflect his correct SSN.
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 SSN contained in block 3 of his DD Form 214 and entering the SSN that is reflected on his Social Security card.
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) AR20120007745
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ABCMR Record of Proceedings (cont) AR20120007745
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