IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009364
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 his DD Form 256A (Honorable Discharge Certificate) be corrected to show his social security number as ***-46-**** instead of
***-42-****.
2. The applicant states he believes there was a typing error when his certificate was completed.
3. The applicant provides, in support of his application, copies of his
DD Form 256A and two social security cards.
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' DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 30 August 1967 for a period of 6 years. Item 2 (Service Number) contains the entry ER177*****. Item 37 (Remarks) contains the entry social security account number (SSAN): ***-46-****.
3. On 20 November 1967, the applicant was ordered to active duty for training. On 6 April 1968, he was released from active duty after completing 4 months and 17 days of active service that was characterized as honorable. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 3 (Social Security Number) contains the entry ***-46-****.
4. On 15 May 1972, the applicant was promoted to specialist six. His promotion orders identify his social security number as ***-46-****.
5. Item 1 of the applicant's DA Form 20 (Enlisted Qualification Record) shows his social security number as ***-46-****. Item 38 (Record of Assignments) contains an entry dated 31 July 1973 showing he was honorably discharged at the expiration of term of service.
6. The DD Form 256A submitted by the applicant identifies his social security number as ***-42-**** and indicates he was discharged on 31 July 1973.
7. The applicant submitted copies of two social security cards both showing his social security number as ***-46-****.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence in this case clearly shows the applicant's correct social security number is ***-46-**** and that his social security number was entered incorrectly on his DD Form 256A as ***-42-****. Therefore, it would be appropriate to re-issue him a new DD Form 256A with the correct social security number of ***-46-****.
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
re-issuing him a DD Form 256A with the social security number of ***-46-****.
_______ _ _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) AR20090009364
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ABCMR Record of Proceedings (cont) AR20090009364
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