IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008336
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) for the period ending 1 February 1969 to show his social security number (SSN) as "5xx-5x-7xxx."
2. The applicant states his enlisted DD Form 214 has the correct SSN.
3. The applicant provides DD Forms 214 for the periods ending 1 February 1967 and 1 February 1969.
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's DD Form 398 (Statement of Personal History), dated
12 January 1966, shows his SSN as "5xx-5x-7xxx."
3. He enlisted in the Regular Army on 12 January 1966. He served as an infantry operations and intelligence specialist and he was honorably discharged to accept a commission on 1 February 1967.
4. Item 32 (Remarks) of his DD Form 214 for the period ending 1 February 1967 shows his SSN as "5xx-5x-7xxx."
5. He was commissioned as a second lieutenant in the U.S. Army Reserve on
2 February 1967 and entered active duty that date. He served as an infantry unit commander in Vietnam and he was released from active duty on 1 February 1969.
6. Item 3 (SSN) of his DD Form 214 for the period ending 1 February 1969 shows his SSN as "2xx-8x-6xxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 and DD Form 214 for the period ending 1 February 1967 show he recorded his SSN as "5xx-5x-7xxx." Therefore, it would be appropriate to correct his DD Form 214 for the period ending 1 February 1969 accordingly.
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 deleting the current SSN entry from his DD Form 214 for the period ending
1 February 1969 and replacing it with the SSN shown on his DD Form 214 for the period ending 1 February 1967.
___________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) AR20130008336
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