BOARD DATE:	  20 December 2012 

		DOCKET NUMBER:  AR20120008228 


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) effective 8 April 1968 to show his social security number (SSN) as "XXX-XX-6734."

2.  The applicant states:

* his DD Form 214 shows an incorrect SSN
* due to this error, he is unable to file for service-connected disability

3.  The applicant provides what appears to be a copy of the reverse side of his 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.  The applicant was inducted into the Army of the United States on 21 April 1966.  At the time of his induction he was assigned an Armed Forces service number.

3.  On 26 February 1967, he completed a DA Form 41 (Record of Emergency Data) which shows his SSN as "XXX-XX-6734."

4.  The applicant was honorably released from active duty on 8 April 1968 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows his SSN as 
"XXX-XX-6234."

5.  The applicant provides a copy of what appears to be the reverse side of his social security card which shows his SSN as "XXX-XX-6734."  This is the same SSN shown on the DA Form 41 he completed on 26 February 1967.

6.  Letter Orders Number 03-1117489 discharging the applicant from the USAR on 20 April 1972 show the same SSN as that shown on his DA Form 41.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  It appears that an error was made during the preparation of the applicant's DD Form 214 which resulted in the incorrect SSN being reflected.

3.  The available evidence shows his correct SSN is shown on the copy of the social security card he submitted, his DA Form 41, and Letter Orders 
Number 03-1117489 discharging him from the USAR.  Therefore, his DD Form 214 should be corrected to show his SSN as shown on his DA Form 41.


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 amending his DD Form 214 for the period ending 8 April 1968 to show the SSN shown on his DA Form 41, dated 26 February 1967.



      __________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)                                         AR20120008228



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ABCMR Record of Proceedings (cont)                                         AR20120008228



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