IN THE CASE OF:	

		BOARD DATE:	     2 April 2009 

		DOCKET NUMBER:  AR20080015561 


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) to show his correct service number and social security number.

2.  The applicant states that his DD Form 214 shows incorrect service and social security numbers.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and 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.  On 27 July 1967, the applicant was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) shows his service number as US 67 138 ### and his social security number as 458-66-####.

3.  Special Orders Number 145, Armed Forces Examining and Entrance Station, San Antonio, Texas, dated 27 July 1967 show the same service number and social security number as recorded on his DD Form 47.

4.  The applicant's DD Form 214 shows that he entered active duty on 27 July 1967.  He was subsequently released from active duty on 25 July 1969.  He had attained the rank of specialist five, pay grade E-5, and had completed 1 year, 11 months, and 29 days of creditable active duty service.

5.  Item 2 (Service Number) of the applicant's DD Form 214 shows US 67 138.  Item 3 (Social Security Number) of this same form shows 112-458-####.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his service number and social security number are incorrectly entered on his DD Form 214.

2.  The available evidence clearly shows that the applicant's service number and social security number have been incorrectly entered on his DD Form 214 and should be corrected.

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:

	a.  showing in item 2 of his DD Form 214 his complete service number as shown on his induction orders; and
	b.  showing in item 3 of his DD Form 214 his complete social security number as shown on his induction orders.



      ___________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)                                         AR20080015561



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ABCMR Record of Proceedings (cont)                                         AR20080015561



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