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Decision Text

ARMY | BCMR | CY2014 | 20140014234
Original file (20140014234.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014234 


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) to show the last digit of his Social Security Number (SSN) is a "3."

2.  The applicant states that his DD Form 214 incorrectly reflects that the last digit of his SSN is a "5" when in fact it is a “3.”

3.  The applicant provides a copy of his DD Form 214.

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 was inducted on 8 November 1967.  At the time of his induction his SSN was recorded as ending with the last digit of “3.”
3.  He completed his one-station unit training as an infantryman at and was transferred to Vietnam on 1 June 1968 and remained there until 11 June 1969 when he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 12 June 1969.  He had served 1 year, 7 months, and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows his SSN as ending in the digit “5.”   

4.  A review of his records shows that all of the documents contained in his records, to include those completed by the applicant, contain an SSN ending in the digit “3.”

5.  Army Regulation 635-5 (Separation Documents) at the time served 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 applicant’s contention that his SSN is incorrectly reflected on his 
DD Form 214 has been noted and found to have merit.  The applicant’s records clearly show that he was inducted and served all of his service under a SSN ending in the last digit of “3.”

2.  However, it appears that a typographical error occurred at the time his DD Form 214 was prepared that resulted in his SSN being entered as having the last digit of “5.”

3.  Accordingly, his DD Form 214 should be corrected to show that the last digit of his SSN is a “3.”

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 last digit of his SSN is a “3.”

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)                                         AR20140014234





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140014234



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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