IN THE CASE OF:	  

		BOARD DATE:	

		DOCKET NUMBER:  AR20080016473 


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, in effect, correction to the social security number shown on his 1967 Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that his social security number is incorrectly shown on his DD Form 214.  He notes that the first digit of the social security number should be “2” vice “3” as currently shown on the form.  He indicates he discovered the error in October 2008.

3.  The applicant provides a statement from the Social Security Administration confirming his date of birth and showing his social security number beginning with a “2” and not a “3” as shown on his separation document.  He also submits a copy of his 1967 separation document. 

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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 15 December 1965.  At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix "US."  No documents in his records, except for his DD Form 214, contain his social security number.

3.  The applicant was honorably released from active duty on 21 September 1967 as an overseas returnee and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 2 (Service Number), of the applicant's DD Form 214 shows the number with which he was identified throughout his service in the Army.  Item 3 (Social Security Number) shows the first digit of his social security number as a "3” vice “2.”

5.  The applicant was issued Letter Orders Number 12-1304085, dated 1 December 1971, announcing his discharge from the USAR on 14 December 1971.  These orders list the applicant’s first digit of his social security number as “2.”  A statement from the National Personnel Records Center also shows the first digit of his social security number as “2” which is consistent with the information provided by the applicant on an application for a copy of his 1967 separation document.

6.  The applicant provided a notification from the Social Security Administration, Athens, Ohio, dated 15 October 2008, reflecting a “Claim Number” consistent with his social security number.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm the first digit of the applicant’s social security number is “2” and not “3” as currently shown on his 1967 separation document.  As such, it would be appropriate and in the interest of justice to correct the applicant's DD Form 214 accordingly.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 showing on the DD Form 214 of the individual concerned that the first digit of his social security number is a “2” vice a “3” and providing him a corrected separation document that includes this correction.



      ________xxx______________
               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)                                         AR20080016473



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ABCMR Record of Proceedings (cont)                                         AR20080016473



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