IN THE CASE OF:	  

		BOARD DATE:	  	  13 January 2009

		DOCKET NUMBER:  AR20080017794 


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 the social security account number (SSAN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his DD Form 214 incorrectly shows his SSAN as 228-XX-XXXX.  He adds that the first three numbers of his SSAN on his DD Form 214 is incorrect; it should read 288-XX-XXXX.  The applicant further states that at the time of discharge he did not notice that his SSAN was incorrect.  He recently noticed it while using the Veterans Affairs Medical Facility.

3.  The applicant provides a copy of his driver's license in support of his application.

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 3 August 1967, the applicant was inducted into the Army of the United States.  His Record of Induction (DD Form 47) shows his first three numbers of his SSAN as 288-XX-XXXX.  The Enlisted Qualification Record (DA Form 20) created on him upon his entry on active duty shows his SSAN as 288-XX-XXXX.

3.  All orders, medical documents, and other information on file in the applicant’s Military Personnel Records Jacket (MPRJ), many of which were authenticated by the applicant with his signature, also all contain the same SSAN (288-XX-XXXX) listed on his DA Form 20 and DD Form 47 which he used throughout his tenure on active duty.  

4.  On 28 July 1969, the applicant was honorably separated under the provisions of Chapter 5, Army Regulation 635-200, by reason of (Overseas Returnee).  
The DD Form 214 he was issued at the time lists his SSAN as 228-XX-XXXX, which was not recorded in his personnel records, which he now claims is incorrect in item 3.  He completed a total of 1 year, 11 months, and 26 days of active military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSAN listed on his DD Form 214 is incorrect has been carefully considered and found to have merit.  

2.  Evidence of records shows the applicant’s SSAN as 288-XX-XXXX throughout his military career.  All orders, medical documents, and other information on file in the applicant’s MPRJ, many of which were authenticated by the applicant with his signature, also all contain the same SSAN (288-XX-XXXX). 

3.  The applicant's DD Form 214 is incorrect 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 changing his SSAN on his DD Form 214 from 228-XX-XXXX to 288-XX-XXXX.



      _______ _   _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)                                         AR20080017794



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ABCMR Record of Proceedings (cont)                                         AR20080017794



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