BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110013204 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the second digit of his Social Security Number (SSN) as a “7” instead of an “8,” as currently reflected.

2.  The applicant states his DD Form 214 incorrectly reflects that his SSN contains an “8” as the second digit and should reflect a “7.”

3.  The applicant provides Social Security Benefit Information from the Social Security Administration verifying his SSN.

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 into the Army of the United States in Philadelphia, Pennsylvania on 7 April 1970.  At the time he was inducted his SSN contained a “7” as the second digit.  He completed his training and he was transferred to Vietnam.

3.  The applicant served all of his service using an SSN that contained a “7” as the second digit.

4.  On 7 November 1971, he was honorably released from active duty (REFRAD) at Fort Lewis, Washington as an overseas returnee.  His DD Form 214 issued at the time of his REFRAD was prepared to reflect an “8” as the second digit.

5.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is documented in official records as of the effective date of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects an “8” as the second digit instead of a “7” has been noted and found to have merit.

2.  The applicant served all of his military service using an SSN containing a “7” as the second digit and it appears that an administrative error occurred at the time of his REFRAD which resulted in an “8” being placed in the second digit of his SSN.

3.  Accordingly, his DD Form 214 should be corrected to reflect the second digit of his SSN is a “7” instead of an “8” as currently reflected.

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:

* Deleting the SSN contained in block 3 of his DD Form 214
* Entering the SSN that is reflected on his Social Security Benefit Information statement from the Social Security Administration verifying his SSN

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)                                         AR20110013204



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ABCMR Record of Proceedings (cont)                                         AR20110013204



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