IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009728 


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 social security number (SSN) as "XXX-XX-4947."

2.  The applicant states that his SSN is wrong on his DD Form 214.  He is applying for Department of Veterans Affairs benefits and needs his SSN corrected.

3.  The applicant provides:

* DD Form 214
* 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 17 June 1970.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty lists his SSN as "XXX-XX-4847."  He reviewed this form and placed his signature in the appropriate block.

4.  The SSN "XXX-XX-4947" is shown on the following forms within his records:

* DD Form 398 (Statement of Personal History), dated 15 June 1970
* DA Form 41 (Record of Emergency Data), dated 17 June 1970
* DA Form 428 (Application for Identification Card), dated 22 June 1970
* DA Form 3082-R (Statement of Medical Condition), dated 19 January 1972
* DA Form 664 (Servicemen's Statement Concerning Application for Compensation from the Veteran's Administration), dated 19 January 1972
* DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 19 January 1972
* Standard Form 89 (Report of Medical History), dated 16 December 1971

5.  His DD Form 214 shows he was honorably released from active duty on 25 January 1972.  He completed 1 year, 7 months, and 9 days of creditable active service and his SSN is listed as "XXX-XX-4847."

6.  The applicant provides his social security card listing his SSN as 
"XXX-XX-4947."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldier's upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states the complete name and social security number of the separating service member will be entered on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SSN as "XXX-XX-4947" throughout most of his records.  Therefore, it would be appropriate to correct his DD Form 214 to reflect this SSN.

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 to show his SSN as listed on his social security card.



      ____________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)                                         AR20120009728



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ABCMR Record of Proceedings (cont)                                         AR20120009728



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