BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010611 


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 (Report of Separation from Active Duty) to show the third digit of his social security account number (SSAN) as "6" instead of "4."

2.  He states he didn't see the incorrect SSAN on his DD Form 214 at the time of his discharge.  

3.  He provides his DD Form 214 and 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 enlisted in the Regular Army on 7 September 1973.

3.  Special Orders Number 247, dated 27 November 1974, published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, changed the applicant's SSAN from "xx4-xx-xxxx" to "xx6-xx-xxxx" by reason of his original SSAN was in error.

4.  The following documents contained in the applicant's military personnel records show the third digit of his SSAN as "6."  

* DD Form 398 (Statement of Personal History)
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Special Orders Number 206, dated 7 October 1975
* Standard Form 88 (Report of Medical Examination)
* DA Form 2166-5 (Enlisted Evaluation Report)

5.  He was released from active duty on 26 August 1976 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve military service obligation.  His DD Form 214 shows the third digit of his SSAN 
as "4."

6.  He provided a copy of his social security card which shows the third digit of his SSAN as "6."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the incorrect SSAN is shown on his DD Form 214 was carefully considered and determined to have merit.  Special Orders Number 247 published on 27 November 1974 changed his SSAN from 
"xx4-xx-xxxx" to "xx6-xx-xxxx."  However, his DD Form 214 shows the third digit of his SSAN as "4" instead of "6."

2.  The social security card provided by the applicant confirms the third digit of his SSAN as "6."  Therefore, his DD Form 214 should be corrected to show his SSAN as it is listed on his social security card.

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 current entry in item 3 of his DD Form 214 and adding the SSAN as it is 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)                                         AR20120010611





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ABCMR Record of Proceedings (cont)                                         AR20120010611



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