BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100026156 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security account number (SSAN) as "XXX-5X-1XXX."

2.  The applicant states his DD Form 214 shows an incorrect SSAN.  The typist made a clerical mistake.

3.  The applicant provides copies of his DD Form 214; social security card; printout from the Social Security Administration; DA Form 1341 (Allotment Authorization); DD Form 1351-2 (Travel Voucher); Letter Orders Number 
01-111384, dated 13 January 1971; Letter Orders Number 08-1221938, dated 15 August 1973; Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card); and DD Form 256A (Honorable Discharge Certificate).

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 records provide:

	a.  a DA Form 428 (Application for Identification Card) that shows his SSAN as "XXX-5X-1XXX";

	b.  Special Orders Number 236, Fort Lewis, Washington, dated 24 August 1969, that released the applicant from active duty under the SSAN of 
"XXX-5X-1XXX"; and

	c.  item 3 (Social Security Number) of his DD Form 214 that shows 
"XXX-3X-4XXX."

3.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided for the entry of the Soldier's SSAN in item 3.

4.  A review of the documents provided by the applicant shows his SSAN to be "XXX-5X-1XXX."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSAN as "XXX-5X-1XXX."

2.  The available evidence shows the applicant's SSAN was incorrectly entered on his DD Form 214 and should be corrected to read "XXX-5X-1XXX."

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 "XXX-5X-1XXX" in item 3 of 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)                                         AR20100026156



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ABCMR Record of Proceedings (cont)                                         AR20100026156



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