IN THE CASE OF:
BOARD DATE: 28 April 2009
DOCKET NUMBER: AR20080019833
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 his Social Security Number (SSN) be corrected in item 3 (Social Security Number) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states that the wrong SSN is on his DD Form 214 and that his SSN is 0xx-3x-6xxx.
3. The applicant provides a letter, dated 26 November 2008, from the Social Security Administration and a copy of his DD Form 214 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 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. The applicants DD Form 398 (Statement of Personal History), dated
19 September 1966, shows SSN 0xx-3x-6xxx. He was inducted on
20 September 1966 and served as a field wireman. On 19 September 1968, he was released from active duty and transferred to the U.S. Army Reserve (USAR).
3. Item 3 on the applicants DD Form 214 shows SSN 1xx-4x-8xxx.
4. The applicant was honorably discharged from the USAR on 19 September 1972.
5. The majority of the applicants service personnel records contain a service number. However, his DA Form 41 (Record of Emergency Data), dated 10 April 1967; his DA Form 873 (Certificate of Clearance and/or Security Determination), dated 16 September 1967; and his discharge orders from the USAR, dated
19 September 1972, show SSN 0xx-3x-6xxx.
6. In support of his claim, the applicant provided a letter, dated 26 November 2008, from the Social Security Administration which shows his SSN is 0xx-3x-6xxx. The letter also states that this SSN was issued in July 1963 and has not changed.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant's SSN is 0xx-3x-6xxx. Therefore, it would be appropriate to correct item 3 on his DD Form 214.
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 the entry in item 3 on his DD Form 214; and
b. adding the SSN shown on the 28 November 2008 letter from the Social Security Administration in item 3 on his DD Form 214.
_______ _ 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) AR20080019833
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ABCMR Record of Proceedings (cont) AR20080019833
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