IN THE CASE OF:	  

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120007645 


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 number (SSN) as "238-XX-XXXX" instead of "239-XX-XXXX."

2.  The applicant states his SSN is incorrectly listed as "239-XX-XXXX."

3.  The applicant provides a document titled “Social Security Administration SSN Printout.”

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 military record contains a DD Form 398 (Statement of Personal History), dated 14 June 1966, that he completed during his enlistment processing.  Item 13 (Employment) contains a block for the SSN which he completed by entering his SSN as 238-XX-XXXX.

3.  On 15 June 1966, the applicant was inducted into the Army of the United States.  The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his service number.  It does not list his SSN.

4.  The applicant's Army Military Human Resource Record (AMHRR) primarily lists his SSN as "238-XX-XXXX."  There are some documents that list his SSN as "239-XX-XXXX."

5.  On 5 June 1968, the applicant was released from active duty and transferred to the U. S. Army Reserve after completing 1 year, 11 months, and 21 days of creditable active military service.  Item 3 (SSN) of his DD Form 214 lists his SSN as "239-XX-XXXX."

6.  He provides a Social Security Administration SSN Printout.  It lists his SSN as 
238-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

The applicant's AMHRR contains documents that list two different SSNs.  He provides a copy of his Social Security Administration SSN printout which confirms his correct SSN is "239-XX-XXXX."  Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and adding the SSN as it is listed on his Social Security Administration SSN Printout.

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:

   a.  amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is listed on his Social Security Administration SSN Printout; and
   
b.  issuing him a document that shows the above change.




      _______ _   _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)                                         AR20120007645



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ABCMR Record of Proceedings (cont)                                         AR20120007645



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