BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090021556 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last two digits as 80 instead of 08.

2.  The applicant states his DD Form 214 shows the incorrect SSN and sometimes he gets questioned as to whether or not it is actually his DD Form 214.

3.  The applicant provides copies of the following:

* Ohio Driver License
* Department of Veterans Affairs Identification Card
* Social Security Card
* DD Form 214

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.  On 28 December 1966, the applicant enlisted in the Regular Army for 3 years.

3.  The DD Form 398 (Statement of Personal History) he completed at the time of his enlistment shows the last two digits of his SSN as 80.

4.  The same SSN that is shown on his DD Form 398 is reflected throughout his entire Official Military Personnel File (OMPF) on the documents that require an SSN be listed.

5.  The applicant was honorably released from active duty (REFRAD) on 7 October 1969.  The DD Form 214 he was issued shows the last two digits of his SSN as 08 instead of 80.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.  For item 3, verify accuracy with enlisted/officer records. 

DISCUSSION AND CONCLUSIONS:

1.  It appears an error was made during the preparation of the applicant's
DD Form 214 which resulted in the incorrect SSN being reflected.

2.  The last two digits of his SSN are 80 on every document contained in his OMPF, except his DD Form 214.

3.  The correct digits of 80 are clearly reversed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to reflect the correct digits.

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:

   a.  deleting from item 3 of his DD Form 214 the entry "xxx-xx-xx08" and

   b.  adding to item 3 of his DD Form 214 the entry "xxx-xx-xx80."



      ___________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)                                         AR20090021556



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ABCMR Record of Proceedings (cont)                                         AR20090021556



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