BOARD DATE:	 20 November 2012

		DOCKET NUMBER:  AR20120009736 


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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his SSN is xxx-x4-xxxx, not xxx-x9-xxxx.

3.  He provides his DD Form 214 and his Medicare Health Insurance 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 4 August 1966.  

3.  Item 4 (SSN) of a DA Form 3027 (U.S. Army Request for National Agency Check), dated 5 August 1966, shows his SSN as "xxx-x4-xxxx." 

4.  On 6 February 1968, he completed a DD Form 398 (Statement of Personal History).  In item 13 (Employment), he entered SSN "xxx-x4-xxxx."

5.  Orders pertaining to his return from overseas duty and his release from active duty show his SSN as "xxx-x4-xxxx."

6.  On 15 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  Item 3 (SSN) of his DD Form 214 shows the entry "xxx-x9-xxxx."

7.  Letter orders honorably discharging him from the USAR, effective 3 August 1972, show his SSN as "xxx-x4-xxxx."

8.  He provides his Medicare Health Insurance Card, which lists the first nine digits of his Medicare claim number using SSN "xxx-x4-xxxx," which is the SSN that he claims is correct.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant's SSN was properly entered in his record during his service, and an error was made in entering his SSN on his DD Form 214.  

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  He served under the SSN shown on the orders discharging him from the USAR.  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 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 replacing the SSN listed on his DD Form 214 with the SSN listed on the orders discharging him from the USAR.




      _______ _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)                                         AR20120009736



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ABCMR Record of Proceedings (cont)                                         AR20120009736



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