BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100001069 


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 to the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).

2.  He states the fifth digit of his SSN should be a “0” and not a “3” as it is shown on his DD Form 214.  He also states when he enlisted in 1971, he and the recruiter looked at his faded-out Social Security Card long and hard to get the correct number off it and they both decided the fifth digit was a “3.”  The SSN with a “3” as the fifth digit was the number he used during the time he was in the Army.  The physicians in Shreveport and the induction center at Fort Polk also said the fifth digit looked like a “3.”  When he was released from active duty he thought he was using the correct SSN.

3.  He provides copies of the following:

* His Social Security Card
* His DD Form 214
* A letter from Social Security Administration
* A letter from the Army Review Boards Agency

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 in pay grade E-1 on 15 January 1971.  His DD Form 4 (Enlistment Contract – Armed Forces of the Unites States) shows the same SSN shown on his DD Form 214.

3.  His military records contain a copy of his Social Security Card and Military Test Report, both shows the fifth digit of his SSN as a “0.”  Several documents in his military records show the SSN with the fifth digit as a “0” and others show the fifth digit as a “3.”

4.  He was honorably released from active duty in pay grade on E-2 on 8 January 1973 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  Item 3 (SSN) of his DD Form 214 shows the fifth digit of his SSN as a "3." 

6.  He provides a copy of his Social Security Card showing the fifth digit of his SSN as a “0.”  He also provides a copy of a letter from the Social Security Administration which verified the SSN with the fifth digit as a “0” was issued him in September 1963.  The letter also stated he was not issued multiple SSNs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains several documents that show the fifth digit of his SSN as a “3” and others show the fifth digit is a “0.”  The Social Security Administration confirmed the fifth digit of the applicant's SSN is a “0.”  Therefore, he is entitled to correction his DD Form 214 to show the fifth digit as a “0.”

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:

   a.  deleting the fifth digit of the SSN that is shown on his DD Form 214 and adding a "0"; and
   
   b.  providing him a document that shows this correction.



      _______ _ 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)                                         AR20100001069



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR201