IN THE CASE OF: BOARD DATE: 5 April 2012 DOCKET NUMBER: AR20110019494 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) effective 28 July 1972 to reflect the fifth digit of his Social Security number (SSN) as "4." 2. The applicant states his DD Form 214 effective 28 July 1972 incorrectly reflects the fifth digit of his SSN as "9" instead of "4." 3. The applicant provides a copy of his Social Security card. 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 on 24 October 1962 and served until he was honorably released from active duty (REFRAD) as an overseas returnee on 16 October 1964. 3. On 24 February 1965, he enlisted in the Regular Army for a period of 3 years and served until he was honorably discharged on 28 July 1968 for immediate reenlistment. His DD Form 214 issued at the time of his REFRAD shows his SSN contains a "4" the fifth digit and matches the SSN shown on his Social Security card. 4. He reenlisted on 29 July 1968 for a period of 4 years and served until he was honorably discharged on 28 July 1972 due to the expiration of his term of service. His DD Form 214 issued at the time of his discharge shows his SSN contains a "9" in the fifth digit. 5. A review of his official records shows the applicant served his entire career under the same SSN as shown on his Social Security card. 6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier. 7. Army Regulation 635-5 (Separation Documents) serves 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 DD Form 214 for the period ending 28 July 1972 incorrectly reflects his SSN as having the number "9" as the fifth digit instead of the number "4" has been noted and found to have merit. 2. At the time of his induction his records show his SSN contained the number "4" in the fifth digit and he performed all of his service with the SSN that is depicted on his Social Security card. 3. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his DD Form 214 for the period ending 28 July 1972 and it should be corrected at this time. BOARD VOTE: ___X_____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 (SSN) of his DD Form 214 for the period ending 28 July 1972 and entering the SSN shown on the Social Security card provided by the applicant. 2. The Board wants the applicant and all others to know 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) AR20110019494 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019494 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1