IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012384 


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 Service Number (SN) and Social Security Number (SSN) as "xxx-xx-36xx" rather than "xxx-xx-33xx."

2.  The applicant states his SN and SSN is the same number and both numbers are incorrectly listed on his DD Form 214.

3.  The applicant provides a copy of 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 Ohio Army National Guard (OHARNG) on 19 November 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file, is void of the DD Form 398 (Statement of Personal History) that would have listed the SSN he disclosed upon enlistment in the OHARNG. 

4.  However, his DD Form 4 (Enlistment Contract), dated 19 November 1970, listed his SN and SSN as "xxx-xx-36xx."

5.  On 2 March 1971, the applicant was ordered to active duty.  His DD Form 214 shows he was honorably released from active duty on 11 July 1971 and transferred to the OHARNG.  He completed 4 months and 10 days of creditable active military service and his SN and SSN are listed as "xxx-xx-33xx."

6.  A review of the applicant's AMHRR shows his SN and SSN as "xxx-xx-36xx" consistently throughout his records.

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, SN, and SSN of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SN and SSN as "xxx-xx-36xx" consistently throughout his records.  Therefore, it would be appropriate to correct his DD Form 214 to reflect this SN and 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 SN and 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)                                         AR20120012384



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ABCMR Record of Proceedings (cont)                                         AR20120012384



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