IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130004950
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, in effect, his social security number (SSN) be corrected on his orders and award certificate for the Army Commendation Medal (ARCOM).
2. The applicant states:
* he received an ARCOM and a supporting commendation, both of which list his SSN erroneously
* his SSN starts with 039 and both records list his SSN as 089
* all remaining digits of his SSN are correct
* the ARCOM and commendation were awarded on 28 August 1970
* it was obviously a typographical error
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 11 September 1967 for a period of 3 years. He served as an administrative specialist and he was released from active duty on 10 September 1970.
3. His DD Form 214 shows his SSN as 039-xx-xxxx.
4. His records contain general orders, dated 31 August 1970, which show he received the ARCOM for meritorious service for the period September 1968 to September 1970. These orders show his SSN as 089-xx-xxxx.
5. The available records do not contain an award certificate for the ARCOM.
DISCUSSION AND CONCLUSIONS:
1. The second digit of the applicant's SSN is incorrect on his general orders for the ARCOM. Therefore, it would be appropriate to correct these orders to show the SSN reflected on his DD Form 214.
2. Since the available records do not contain an award certificate for the ARCOM and the applicant did not provide a copy, there is insufficient evidence on which to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ARCOM orders, dated 31 August 1970, to show the SSN reflected on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his SSN on an award certificate for the ARCOM.
_______ _ 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) AR20130004950
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ABCMR Record of Proceedings (cont) AR20130004950
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