RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060013164 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson 

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his United States Army Reserve (USAR) discharge orders and Honorable Discharge Certificate to show his social security number as ###-42-####.

2.  The applicant states that his USAR discharge orders and Honorable Discharge Certificate incorrectly shows his social security number as 
###-47-####.  

3.  The applicant provides a copy of his USAR orders and Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 February 1976, the date of his discharge from the USAR.  The application submitted in this case is dated 6 September 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.   On 19 February 1970, the applicant enlisted into the Connecticut Army National Guard of the United States for 6 years.  He enlisted under the social security number of ###-42-####.

4.  On 25 June 1970, the applicant was ordered to active duty for training.  He successfully completed his initial training and was awarded military occupational specialty 91A1O (Medical Corpsman).  He was released from active duty for training on 8 November 1970.  This period of active duty was served under the social security number of ###-42-####.

5.  Letter Orders Number 1-51, First United States Army, Fort George G. Meade, dated 5 January 1976, discharged the applicant from the USAR.  It shows his social security number as ###-47-####.
6.  The applicant was subsequently issued an Honorable Discharge Certificate separating him on 18 February 1976.  This document shows his social security number as ###-47-####.

DISCUSSION AND CONCLUSIONS:

1.   The evidence of record clearly shows that the applicant enlisted using a social security number of ###-42-####, and that this number was used throughout his period of service.  Therefore, his discharge orders and certificate should be corrected to show this social security number.

2.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 February 1976; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
17 February 1979.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LWR__  __MKP __  ___REB   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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his discharge orders to show his social security number as ###-42-####; and to reissue his Honorable Discharge Certificate showing his social security number as ###-42-####.




_     Margaret K. Patterson_______
          CHAIRPERSON


INDEX

CASE ID
AR20060013164
SUFFIX

RECON
 
DATE BOARDED
20070315 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0900
2.

3.

4.

5.

6.