IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100013824


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).

2.  The applicant states, in effect, his DD Form 214 lists his SSAN as
xx4-xx-xxxx, but his actual SSN is xx8-xx-xxxx.

3.  The applicant provides his DD Form 214 and his Medicare Health Insurance Card with his SSAN shown as xx8-xx-xxxx.

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 14 August 1966 for 2 years.  At that time, the Army used Service Numbers to identify Soldiers.  The applicant was assigned Service Number US 51 771 5xx.

3.  After the applicant's entry on active duty, the Army began converting from Service Numbers to SSNs as a means of identifying Soldiers.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as xx8-xx-xxxx.  The applicant signed and dated this form on 28 May 1968.

4.  The applicant's record contains the following other documents showing his SSN as xx8-xx-xxxx:

* DA Form 3027 (U.S. Army Request for National Agency Check), dated      1 December 1966
* General Orders Number 41, issued by Headquarters, Special Troops, U.S. Army Vietnam, dated 28 May 1968, awarding him the Army Good Conduct Medal (first award)

5.  The applicant was honorably released from active duty on 1 June 1968.  His DD Form 214 shows his SSN as xx4-xx-xxxx.

6.  The final changeover date from Service Number to SSN was 1 July 1969 for all Soldiers.

DISCUSSION AND CONCLUSIONS:

The applicant's SSN is incorrect on his DD Form 214.  It shows xx4-xx-xxxx; however, it should show his correct SSN as xx8-xx-xxxx.  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.

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 from item 3 of his DD Form 214 the entry "xx4-xx-xxxx" and replacing it with the entry "xx8-xx-xxxx.



      ___________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)                                         AR20100013824



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ABCMR Record of Proceedings (cont)                                         AR20100013824



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