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ARMY | BCMR | CY2008 | 20080019810
Original file (20080019810.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       7 May 2009

		DOCKET NUMBER:  AR20080019810 


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 that the Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that his SSN is "453-xx-xxxx" and not
"546-xx-xxxx."

3.  The applicant provides copy of his DD Form 214.

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.  The applicant was inducted into the Army of the United States and entered active duty on 17 November 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry "546-xx-xxxx."

4.  A DD Form 398 (Statement of Personal History) completed at the time of the applicant's entry onto active duty shows a SSN of "453-xx-xxxx."

5.  Headquarters, Americal Division Special Orders Number 62, dated 2 March 1968, promoted the applicant to sergeant (E-5).  It shows a SSN of
"453-xx-xxxx."

6.  All other documents contained in the applicant's official record show a SSN of "453-xx-xxxx."  No documents of record, except the applicant's DD Form 214, list his SSN as "546-xx-xxxx."

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence indicates that the SSN shown on the applicant's DD Form 214 is incorrect.

2.  Therefore, it would be appropriate at this time to correct the DD Form 214 to show the correct SSN of "453-xx-xxxx.

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:

   a.  deleting from item 3 of the applicant's DD Form 214 the entry
"546-xx-xxxx"; and

   b.  adding to item 3 of the applicant's DD Form 214 the entry "453-xx-xxxx."



      _________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)                                         AR20080019810



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20080019810



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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