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ARMY | BCMR | CY2004 | 040007572C070208
Original file (040007572C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040007572


      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. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      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 DD Form 214 (Report of Transfer or
Discharge) be changed to show his correct social security number.

2.  In response to a 5 April 2004 letter from this agency the applicant
states that the last four digits of his social security number is 4326, and
that there was a typographical error on the forms when he was inducted into
the Army.  That erroneous number was never changed by the Army.  It was not
his fault.  He had his DD Form 214 changed to reflect his correct number,
sometime in 1975.  He again requested a copy of his DD Form 214 only to
find out the number was still incorrect.

3.  The applicant provides a copy of a Social Security Administration form
showing that the applicant’s last four digits of his social security number
is 4326 and that it was first issued in April 1966, a copy of a statement
from the Social Security Administration indicating that the last four
digits of his social security number is 4326, a copy of a letter to the
applicant from this agency requesting information from the Social Security
Administration verifying his correct social security number, a copy of his
16 June 2003 application to this Board, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 October 1973.  The application submitted in this case
is dated    16 August 2004.

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 limitations 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 enlisted in the Army for three years on 14 October 1970.
The last four digits of his social security number on his enlistment
contract is shown as 5243.  Orders and other documents subsequent to his
enlistment show the last four digits as 5243, or a variation of that
number, e.g., 5242, 5293, 5283, etc. Many of these documents were prepared,
completed, and signed by the applicant and he himself inserted his social
security number on those documents, indicating that the last four digits
were 5243.

4.  The applicant was released from active duty on 12 October 1973.  The
last four digits of his social security number on his DD Form 214 is shown
as 5243.

5.  On 16 June 2003 the applicant applied to this Board, requesting that
his social security number be corrected.  In response thereto, he was
informed that his records throughout his service showed that the last four
digits of his social security number was 5243, and that in order for the
Board to act upon his request he had to submit a statement from the Social
Security Administration verifying his correct social security number, the
date it was issued, and an explanation as to why he now has a social
security number different from the one he used during his service in the
Army.

6.  The Social Security Administration on 16 July 2004 and on 13 August
2004 provided documents showing that the last four digits of the
applicant’s social security number is 4326 and that he was first issued
that number in April 1966.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s last four digits of his social security number when he
enlisted in the Army, throughout his service, and at the time he was
released from active duty was 5243, and in a few instances a variation of
that number.  The applicant himself inserted those digits in many documents
that he completed and signed.  Obviously then, the applicant did not know
what his social security number was when he enlisted or throughout his
military service.

2.  Nonetheless, the evidence provided by the Social Security
Administration shows that the last four digits of the applicant’s social
security number is 4326.
Accordingly, in all fairness to the applicant, his 12 October 1973 DD Form
214 should be corrected to reflect the last four digits of his social
security number as 4326.

BOARD VOTE:

___JS___  ___RD __  ___CD__  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 and to excuse failure to timely file.  As a
result, the Board recommends that the applicant’s 12 October 1973 DD Form
214 be corrected by showing that the last four digits of his social
security number on that form is 4326.




                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007572                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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