IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120022419 


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-xxx5."

2.  He states his SSN was incorrectly entered on his DD Form 214.

3.  He provides copies of his DD Form 214, Social Security card, and 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 enlisted in the Regular Army on 25 August 1966.  He was honorably released from active duty on 18 August 1969 as an overseas returnee.  Item 3 (SSN) of his DD Form 214 lists his SSN as "xxx-xx-xxx9."

3.  His record contains a DD Form 398 (Statement of Personal History), dated 
19 August 1966, and a DA Form 20 (Enlisted Qualification Record).  Both documents show his SSN as "xxx-xx-xxx5."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that during his period of active service he consistently used the SSN as "xxx-xx-xxx5.  It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the SSN being incorrectly listed as "xxx-xx-xxx9."

2.  In view of the foregoing, his DD Form 214 should be corrected to reflect his SSN as it is shown on his Social Security card and the abovementioned official documents.

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 from his DD Form 214 the current SSN entry and replacing it with the 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)                                         AR20120022419



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ABCMR Record of Proceedings (cont)                                         AR20120022419



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