IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005203 


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 the second digit of his social security number (SSN) as “3” instead of “5” as indicated on his social security card.  

2.  He states his SSN was incorrectly entered on his DD Form 214.  

3.  He provides his social security card and his DD Form 214.  

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 enlisted in the Regular Army on 18 November 1966.

3.  The majority of the documents in his service personnel records show the second digit of his SSN as “3” to include the following:  

* DD Form 398 (Statement of Personal History)
* DA Form 41 (Record of Emergency Data)
* DA Form 3027 (U.S. Army Request for National Agency Check)
* Unit Orders Number 34, dated 23 September 1969 (Article 15 forfeiture orders) 

4.  He was released from active duty on 27 November 1969.  Item 3 (SSN) on his DD Form 214 shows the second digit of his SSN as “5.”

5.  Following his discharge, Letter Orders Number 10-1435232, Subject:  Discharge from the U.S. Army Reserve, dated 18 October 1972, shows the second digit of his SSN as "3."

6.  He provided a copy of his social security card which shows second digit of his SSN as “3.”  

DISCUSSION AND CONCLUSIONS:

1.  The majority of the documents in the applicant's service record and his social security card show the second digit of his SSN as “3.”  However, his DD Form 214 shows the second digit as “5.”  

2.  It appears an administrative error was made at the time his SSN was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the second digit of his SSN as “3.”    

3.  In view of the above, his request should be granted.

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 the entry in item 3 of his DD Form 214
* adding “x3x-xx-xxxx” to 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)                                         AR20110005203





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ABCMR Record of Proceedings (cont)                                         AR20110005203



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