IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080008697
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct social security number.
2. The applicant states that his social security number is ### - ## - 4900. His DD Form 214 shows his social security number as ### - ## - 1500.
3. The applicant provides copies of his DD Form 214 and his social security 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 10 June 1964, the applicant enlisted in the Regular Army for 3 years. He was assigned an RA service number that differs from his social security number.
3. The name block of the applicants Enlisted Qualification Record (DA Form 20) shows his RA service number as well as his social security number which reads as ### - ## - 4900.
4. On 30 May 1967, the applicant was released from active duty and transferred to the United States Army Reserve. He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 11 months, and 20 days of creditable active service.
5. Item 3 (Social Security Number) of the applicants DD Form 214 shows his social security number as ### - ## - 1500.
6. Army Reserve Personnel Data Review (USAAC Form 170), dated
25 November 1967, shows that the information on file at that time had the applicants social security number wrong. It indicated that it should be changed from ### - ## - 1500 to ### - ## - 4900.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that that the applicants correct social security number at the time of his military service was ### - ## - 4900. However, it was not entered correctly on his DD Form 214. Therefore, his records should be corrected to show his social security number as ### - ## - 4900.
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 showing in Item 3 of his DD Form 214 his social security number as ### - ## - 4900.
__________ _ 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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080008697
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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