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ARMY | BCMR | CY2005 | 20050017064C070206
Original file (20050017064C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050017064


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 item 4 (Social Security Number) on his WD
AGO Form 100 (Army of the United States Separation Qualification Record) be
corrected.

2.  The applicant states his WD AGO Form 100 incorrectly shows his Social
Security Number (SSN) as xxx-xx-4256, instead of the correct number of xxx-
xx-5256.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), a copy of his WD AGO Form
100 and a copy of his social security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 November 1945.  The application submitted in this case
is dated
4 November 2005.

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's military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant's records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he entered active duty on
28 July 1942 in military occupational specialty (MOS) 405 (Clerk Typist).
This form further shows that he served a total of 2 years, 3 months, and 2
days on active duty, and was honorably separated on 26 November 1945.


5.  Item 2 (Army Serial Number) of the applicant's WD AGO Form 53-55 shows
the applicant's serial number as xx-xxx-652.

6.  Item 2 (Army Serial Number) of the applicant's WD AGO Form 100 shows
the applicant's serial number as xx-xxx-652.

7.  Item 4 (Social Security Number) of the applicant's WD AGO Form 100
shows the applicant's SSN as xxx-xx-4256.

8.  The applicant provided a copy of his social security account number
card issued to him on 23 December 1938 with the account number of xxx-xx-
5256, which was authenticated by the applicant.

9.  The WD AGO Form 100 is now an obsolete form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 100 should be corrected to
show his SSN xxx-xx-5256, instead of xxx-xx-4256.

2.  Although the applicant has not provided an explanation as to why his
SSN is incorrect on his WD AGO 100, it appears that the number 4 was
erroneously typed by the person who prepared this form.  The applicant has
provided sufficient evidence to show that it is incorrect and therefore a
document should be issued showing the correct information.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 November 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
25 November 1948.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

__kan___  __cvm___  __ym____  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 the
applicant's WD AGO Form 100 be amended by issuing an appropriate document
showing the correct SSN.



                                  Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017064                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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