BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011405
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 reflect his correct Social Security Number (SSN).
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects that the last four digits of his SSN are 7874, when in fact they are 7478.
3. The applicant provides a copy of his DD Form 214 and Social Security Card.
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 on 19 May 1968. At the time of his induction he indicated that his SSN ended in the last four digits of 7478 and he was issued an identification card with that SSN.
3. He completed his training as a helicopter repairman and was transferred to Vietnam on 30 November 1969. He departed Vietnam on 23 November 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) that date. His DD Form 214 issued at the time of his REFRAD reflects an SSN ending in 7874.
4. The applicants official records contain numerous documents showing that the applicant served with a SSN ending in 7478.
5. 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.
6. 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 evidence of record shows the applicant's SSAN at the time of his REFRAD contained the last four digits of "7478."
2. However, his DD Form 214 was prepared to reflect the last four digits of his SSN in block 3 as 7874.
3. Accordingly, his DD Form 214 should be corrected to reflect that his SSN has the last four digits of 7478.
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 showing that the SSN reflected on his DD Form 214 is the same SSN 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) AR20120011405
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