IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100010766 


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 the ninth digit in item 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Transfer or Discharge) be corrected.  

2.  The applicant states the ninth digit of his SSN is "5" not "9."

3.  The applicant provides:

* DD Form 214
* Social Security card
* Letter, dated 9 August 2010, from the Social Security Administration in Omaha, NE 

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 29 December 1965.  His DD Form 398 (Statement of Personal History), dated 29 December 1965, shows the ninth digit of his SSN is "5."  He served as a field artillery basic crewman in Vietnam and was released from active duty on 5 October 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  

3.  Item 3 on the applicant’s DD Form 214 shows the ninth digit of his SSN is "9." 

4.  The applicant was honorably discharged from the USAR on 28 December 1971.

5.  The majority of the applicant's service personnel records contain a service number.  However, his DA Form 201 (Military Personnel Records Jacket) and discharge orders from the USAR, dated 15 December 1971, show the ninth digit of his SSN is "5."    

6.  In support of his claim, the applicant provided a copy of his Social Security card and documentation from the Social Security Administration in Omaha, NE which show the ninth digit of his SSN is "5."  

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant’s ninth digit of his SSN is "5."  Therefore, it would be appropriate to correct item 3 on his DD Form 214.

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 ninth digit in item 3 on his DD Form 214 and replacing it with "5." 




      _______ _   _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)                                         AR20100010766





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ABCMR Record of Proceedings (cont)                                         AR20100010766



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