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Decision Text

ARMY | BCMR | CY2003 | 03092262C070212
Original file (03092262C070212.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 24 FEBRUARY 2004
         DOCKET NUMBER: AR2003092262


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Margaret V. Thompson Member
Mr. Lawrence Foster Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his social security number (SSN) be corrected on his 3 February 1970 DD Form 214 (Report of Separation from Active Duty).

2. The applicant states that the last four digits of his social security number should be "7944," not 7499.

3. The applicant provides a copy of a 7 April 2003 printout from the Social
Security Administration, a copy of his 6 January 1967 DD Form 214 (Report of Transfer or Discharge), a copy of his 3 February 1970 DD Form 214, and a copy of a 24 July 1974 DD Form 215 (Correction to DD 214).

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 3 February 1970. The application submitted in this case is dated 18 June 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's 6 January 1967 DD Form 214 (Report of Transfer or Discharge), shows that the last four digits of his SSN as "7944;" however, a copy of his 3 February 1970 DD Form 214 and the 24 July 1974 DD Form 215 which corrected an item on his DD Form 214, show the last four digits of his SSN as "7499."

4. In response to his initial application to this Board, the applicant was informed on 27 March 2003 that he used both numbers during his military career. He was advised to contact the Social Security Administration in order to certify his SSN.

5. On 7 April 2003 the Social Security Administration verified the applicant's social security number, reflecting the last four digits, "7944," as he has stated.

6. A 5 August 2003 National Personnel Records Center online record ordering request shows that the last four digits of the applicant's SSN as "7944."




DISCUSSION AND CONCLUSIONS
:

The last four digits of the applicant's SSN is 7944 as he has stated. His 3 February 1970 DD Form 214 and his 24 July 1974 DD Form 215 should be changed accordingly.

BOARD VOTE:

__RVO__ __MVT __ __LF ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the last four digits of his social security number as "7944."





                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON





INDEX

CASE ID AR2003092262
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040224
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.09
2.
3.
4.
5.
6.


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