IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013095 


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 corrected to show social security number (SSN) "XX3-XX-4080."

2.  The applicant states his SSN is incorrect as shown on his DD Form 214.  He did not realize this until he recently received Department of Veterans Affairs medical care.

3.  The applicant provides copies of his DD Form 214, his social security card, and a Social Security Administration (SSA) SSN verification letter.

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 was inducted into the Army of the United States on 9 June 1965, completed training, and was awarded military occupational specialty 44E (Machinist).

3.  The documents prepared at the time of induction do not include any references to an SSN.

4.  He was released from active duty on 22 April 1967 as an overseas returnee.  He had 1 year, 10 months, and 14 days of creditable active service.  His DD Form 214 shows SSN "XX4-XX-023."

5.  A PC Form 50 (Enlisted Separation Processing Form) shows the same SSN as on the DD Form 214.

6.  An Internal Revenue Service (IRS) Form W-4 (Employee's Withholding Exemption Certificate) completed in 1966 shows SSN "XX3-XX-4080."

7.  The applicant's SSN as shown on the social security card and on the SSA verification letter is "XX3-XX-4080."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his SSN is incorrect as shown on his DD Form 214.  He did not realize this until he recently received Department of Veterans Affairs medical care.

2.  The applicant's military record contains only three references to an SSN.  Two list a number that is only 8 digits long, not the required 9 digits of a proper SSN. 
It is therefore clearly shown that this number is incorrect.

3.  The IRS Form W-4 lists the SSN as shown on his social security card and on the SSA verification letter.  This number should therefore have been the number recorded on the DD Form 214 and it is appropriate to correct this error.

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 is 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 the SSN "XX3-XX-4080" on his DD Form 214.



      _______ 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)                                         AR20100013095



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ABCMR Record of Proceedings (cont)                                         AR20100013095



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