IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018845 


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 the third digit of his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) to show “3” instead of “8.”  

2.  He states the error began and ended with the DD Form 214.  

3.  He provides a copy of his DD Form 214 and 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.  He was inducted into the Army of the United States on 6 October 1972.  

3.  The documents in his military personnel records consistently show the third digit of his SSN as “3” throughout his tenure of service.  

4.  He was released from active duty on 4 October 1974.  Item 3 (SSN) on his DD Form 214 shows the third digit of his SSN as “8.”

5.  He provides a copy of his social security card which shows the third digit of his SSN as “3.”

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The documents in the applicant’s military personnel record consistently show the third digit of his SSN as “3.”  

2.  However, his DD Form 214 incorrectly reflects the third digit of his SSN as “8.”  It appears that an administrative error occurred in this case; therefore, it would be appropriate to amend item 3 of his DD Form 214 to reflect the third digit of his correct SSN as “3.”

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 amending item 3 of his DD Form 214 to show the third digit of his SSN as “3.”




      _______ _   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)                                         AR20100018845



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ABCMR Record of Proceedings (cont)                                         AR20100018845



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