IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016982 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his correct social security number (SSN).

2.  The applicant states that he is homeless and unable to access multiple benefits due to the incorrect SSN.

3.  The applicant provides a copy of his DD Form 214 and 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's record shows he was inducted into the Army of the United States on 9 May 1968 without an SSN.  Orders and other documents subsequent to April 1970 do not contain an SSN.

3.  Special Orders Number 50, dated 2 April 1970, show the applicant's SSN as 047-XX-XXXX.

4.  Special Orders Number 126, dated 6 May 1970, show the applicant's SSN as 439-XX-XXXX.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) lists his original SSN as 047-XX-XXX; however, it is crossed out and the SSN 439-XX-XXXX is listed in its place.  This correction occurred on several documents contained in the applicant's records.

6.  The applicant's DD Form 214, item 3 (Social Security Number), shows his SSN as 439-XX-XXXX.

7.  The applicant's social security card issued on 23 November 2007 shows his SSN as 047-XX-XXXX.

8.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

Although both SSNs were used separately on numerous documents contained in the applicant's military records, his social security card verifies the correct number.  Therefore, the applicant is entitled to correction of his records to show his correct SSN of 047-XX-XXXX.

BOARD VOTE:

____x____  _____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 his correct SSN as 047-XX-XXXX as it appears on his application.



      ____________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)                                         AR20090016982



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ABCMR Record of Proceedings (cont)                                         AR20090016982



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