IN THE CASE OF:	

		BOARD DATE:	 13 April 2010 

		DOCKET NUMBER:  AR20090016245 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as 
xxx-xx-xx6x instead of xxx-xx-xx8x.

2.  The applicant states, in effect, that the SSN is incorrect on his DD Form 214.

3.  The applicant provides his DD Form 4 (Enlistment or Reenlistment Agreement), DD Form 1966 (Application for Enlistment - Armed Forces of the United States), social security card, social security administration printout and state commercial driver license.

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 enlisted in the Regular Army on 8 June 1977.  He was awarded the military occupational specialty of track vehicle mechanic.  The highest rank/grade he held during his tenure of service was specialist (SPC)/E-4.

3.  He was released from active duty on 7 June 1980 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 3 years of creditable active service.  The DD Form 214 he was issued shows his SSN as xxx-xx-xx8x.

4. The social security card and social security administration printout provided by the applicant shows his SSN as xxx-xx-xx6x.  His DD Form 4 and DD Form 1966 show his SSN as xxx-xx-xx6x.

5.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, states that for item 3 verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 4 and DD Form 1966 show his SSN as xxx-xx-xx6x, the same SSN as reflected on his social security card and the social security administration printout.  It appears that the SSN reflected on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct this DD Form 214 to show his SSAN as xxx-xx-xx6x.

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 deleting from item 3 of the applicant's DD Form 214 the entry xxx-xx-xx8x and replacing it with the entry xxx-xx-xx6x.




      _______ _  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)                                         AR20090016245



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ABCMR Record of Proceedings (cont)                                         AR20090016245



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