RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060009455 


	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. Carl W. S. Chun

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. David Haasenritter

Member

Mr. Ronald Gant

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 that the eighth digit of his Social Security Number (SSN) in item 3 (Social Security Number) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show “1” instead of “2.”

2.  The applicant states that it was a typing error. 

3.  The applicant provides a copy of his DD Form 214 and a letter from the Social Security Administration.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
2 February 1970.  The application submitted in this case is dated 7 June 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.  The applicant was inducted on 2 May 1968.  His 1968 DD Form 398 (Statement of Personal History) and his induction orders show the eighth digit of his SSN is “1.”  He served as a personnel specialist and was released from active duty on 2 February 1970.  

4.  Item 3 on the applicant’s DD Form 214 shows the eighth digit of his SSN is “2.”  

5.  In support of his claim, the applicant provided a letter, dated 17 January 2007, from the Social Security Administration which shows the eighth digit of his SSN is “1.”

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the eighth digit of the applicant’s SSN is “1.”  Therefore, it would appropriate to correct item 3 on his DD Form 214. 

2.  Records show the applicant should have discovered the alleged error now under consideration on 2 February 1970; therefore, the time for the applicant to file a request for correction of any error expired on 1 February 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

JR_____  _DH_____  _RG____  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:

a.  deleting the eighth digit of his SSN in item 3 on his DD Form 214; and

	b.  adding the entry, “1” as the eighth digit of his SSN in item 3 on his DD Form 214. 


___Jeffrey Redmann________
          CHAIRPERSON




INDEX

CASE ID
AR20060009455
SUFFIX

RECON

DATE BOARDED
20070208
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0900
2.

3.

4.

5.

6.