DOCKET NUMBER: AR20090003983
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number.
2. The applicant states that his social security number is 476-##-####.
3. The applicant provides copies of his DD Form 214 and his Social Security Card 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 applicant's DD Form 398 (Statement of Personal History), dated 14 August 1966, shows his social security number as 476-##-####.
3. On 15 August 1966, the applicant was inducted into the Army of the United States for 2 years. He used a social security number of 476-##-####.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his social security number as 476-##-####.
5. The applicant successfully completed his initial training and was awarded military occupational specialty 91B (Medical Specialist). He was subsequently assigned for duty at Fort Jackson, South Carolina.
6. On 14 August 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of specialist five, pay grade E-5, and had completed 2 years of creditable active duty service.
7. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as 478-##-####.
8. USAAC Form 170 (Army Reserve Personnel Data Review), dated October 1968, shows the applicant's social security number as 476-##-####.
9. The applicant's Social Security Card shows his social security number as
476-##-####.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his social security number as 476-##-####.
2. The available evidence clearly shows that the applicant's correct social security number is 476-##-#### and that this is the number he used during his active duty service.
3. In view of the above, the applicant's request should be granted.
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 476-##-#### in item 3 of 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) AR20090003983
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ABCMR Record of Proceedings (cont) AR20090003983
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