IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080018819 


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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 9 February 1967. 

2.  The applicant states the second digit of his SSN on his DD Form 214 incorrectly shows a "3" and it should be corrected to show an "8." 

3.  The applicant provides his DD Form 214 and 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 enlisted in the Regular  Army on 10 February 1964.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 13E (Field Artillery).

3.  The applicant's DD Form 4 (Enlisted Record - Armed Forces of the United States), dated 10 February 1964, shows the second digit of his SSN as "8."

4.  On 9 February 1967, the applicant was honorably released from active duty.  
Item 3 (Social Security Number) of his DD Form 214 with the ending period 
9 February 1967 shows the second digit as "3."  There are no documents in the applicant's military personnel records jacket (MPRJ) that show the second digit of his SSN as "3."

5.  The applicant submitted his social security card that shows the second digit of his SSN as "8."

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 with the period ending 9 February 1967 erroneously shows the second digit of his SSN as "3."  His DD Form 4 and social security card confirm that his DD Form 214 is incorrect and should be corrected to reflect the second digit of his SSN as "8."  

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 item 3 of the applicant's DD Form 214 be corrected to show the second digit of his SSN as "8." 



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      _______ _   _______   ___
               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)                                         AR20080018819



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ABCMR Record of Proceedings (cont)                                         AR20080018819



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