IN THE CASE OF:	  

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080010170 


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, in effect, correction of his discharge orders and his DD Form 256A (Honorable Discharge Certificate) to change his social security number from XXX-XX-9450 to XXX-XX-9405.

2.  The applicant states, in effect, that a typographic mistake on his discharge orders resulted in an erroneous social security number being entered on his discharge certificate.  The applicant also states that his attempt to have this error corrected by the agency that prepared the original documents was unsuccessful.
The applicant concludes that correcting this error will alleviate the need for him to explain the mistakes to prospective employers.

3.  The applicant provides copies of his discharge orders, his discharge certificate, and a handwritten letter as documentary evidence in support of his application. 

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.  A review of documents contained in the applicant's military personnel, finance, medical, and dental records shows that his social security number consistently appears as XXX-XX-9405.

3.  The applicant provides Headquarters, IX Corps (Reinforcement), Fort DeRussy, Honolulu, Hawaii, Orders 10-3, dated 6 February 1990.  The applicant's social security number appears as XXX-XX-9450 on these orders.

4.  The applicant provides a DD Form 256A, dated 6 February 1990, on which his social security number appears as XXX-XX-9450.

5.  The applicant provides an undated, handwritten letter that he sent to Headquarters, IX Corps (Reinforcement), Fort DeRussy, Honolulu, Hawaii, requesting that his social security number be corrected on his discharge orders and discharge certificate.  The applicant states that he never received a reply to his request.

6.  The applicant's military personnel record contains a corrected copy of Headquarters, IX Corps (Reinforcement), Fort DeRussy, Honolulu, Hawaii, Orders 10-3, dated 6 February 1990.  The applicant's social security number was corrected to show XXX-XX-9405 on these orders.  Since the directed discharge orders have been corrected, it will no longer be discussed in these proceedings and a copy will be furnished to the applicant.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 256A.  In pertinent part it stated that the social security number of the separating service member would be entered on the DD Form 256A.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 256A should be corrected to change his social security number from XXX-XX-9450 to XXX-XX-9405 were carefully considered and determined to have merit.

2.  The evidence of record shows the applicant's social security number is XXX-XX-9405.  

3.  Evidence shows that the applicant was issued a DD Form 256A on which his social security number erroneously appears as XXX-XX-9450.  Contempora-neous policy prescribed inclusion of the separating service member's social security number on the DD Form 256A.  Therefore, the applicant is entitled to have his social security number correctly shown as XXX-XX-9405.

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 the applicant be issued an appropriate document showing that his social security number should have appeared as XXX-XX-9405 on his DD Form 256A.



      _______ _   __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)                                         AR20080010170





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010170



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1