BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008673
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 ninth digit of his social security number (SSN) in item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "4" instead of "8."
2. The applicant states that the last number of his SSN is wrong on his DD Form 214; it is a typographical error.
3. The applicant provides a copy of his DD Form 214, a copy of social security card, and a copy of what appears to be his dog tag 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. The applicant enlisted in the California Army National Guard on 5 December 1964 for a period of 6 years. He was ordered to active duty on 25 February 1965 for training and was released from active duty on 10 July 1965 and returned to the California Army National Guard to complete his remaining service obligation.
3. Item 32 of the applicant's DD Form 214 shows the ninth digit of the applicant's SSN is "8."
4. All of the applicant's service personnel records contain a service number instead of an SSN.
5. In support of his claim, the applicant provided a copy of his social security card which shows the ninth digit of his SSN is "4."
DISCUSSION AND CONCLUSIONS:
Although all of the available records contain a service number, it is reasonable to presume that the ninth digit of the applicant's SSN shown in item 32 of his DD Form 214 was in fact a typographical error since his social security card shows the ninth digit of his SSN is "4." Therefore, the applicant's social security card is accepted as sufficient evidence on which to amend the ninth digit of his SSN shown in item 32 of 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 ninth digit of his SSN in item 32 of his DD Form 214; and
b. adding the entry "4" as the ninth digit of his SSN in item 32 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) AR20090008673
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