BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090021075 


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 the ninth digit of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "9" instead of "5."

2.  The applicant states, in effect, the last digit of his SSN is incorrect as shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* 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 DD Form 398 (Statement of Personal History), dated 18 September 1967, shows the ninth digit of his SSN as "9."  He was inducted on 21 September 1967.  He served as a light weapons infantryman and was released from active duty on 19 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 3 of the applicant's DD Form 214 shows the ninth digit of his SSN as "5."

4.  The majority of the applicant's service personnel records, including his DA Form 20 (Enlisted Qualification Record), DA Form 41 (Record of Emergency Data), and discharge orders, show the ninth digit of his SSN as "9."

5.  On 1 September 1973, the applicant was honorably discharged from the Standby Reserve.  His discharge orders show the ninth digit of his SSN as "5."

6.  In support of his claim, the applicant provided a copy of his social security card which shows the ninth digit of his SSN as "9."

DISCUSSION AND CONCLUSIONS:

The preponderance of evidence in this case shows the applicant's ninth digit of his SSN as "9."  Therefore, it would be appropriate to correct item 3 of his DD Form 214.

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 the ninth digit of his SSN in item 3 of his DD Form 214 and replacing it with "9."



      __________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)                                         AR20090021075



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ABCMR Record of Proceedings (cont)                                         AR20090021075



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