IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012757 


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 his social security number (SSN) as "XXX-XX-7529."

2.  The applicant states, in effect, the seventh and eight digits of his SSN were transposed on his DD Form 214 and this administrative error should be corrected.

3.  The applicant provides a copy of his social security card in support of his request.

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's record shows he enlisted in the Regular Army on 17 September 1974.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) documenting his enlistment lists his SSN as "XXX-XX-7529" which is the same SSN he claims is correct as shown on his social security card.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) and all documents on file in his Military Personnel Records Jacket with the exception of the DD Form 214 in question list his SSN as it is shown on the DD Form 4 and his social security card.

4.  The DD Form 214 issued to the applicant upon his release from active duty on 16 September 1977 lists his SSN as "XXX-XX-7259."

5.  The applicant provides his social security card that lists his SSN as 
"XXX-XX-7529."

DISCUSSION AND CONCLUSIONS:

The applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered and is found to have merit.  The evidence of record confirms the applicant enlisted and served under the SSN shown on his DD Form 4 and the social security card he provides.  It is clear the seventh and eight digits were reversed on the DD Form 214 in question as a result of an administrative error.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

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 


deleting the current SSN entered on his DD Form 214 and replacing it with the SSN shown on his DD Form 4, DA Form 2-1, and 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)                                         AR20120012757



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ABCMR Record of Proceedings (cont)                                         AR20120012757



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