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ARMY | BCMR | CY2009 | 20090012964
Original file (20090012964.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090012964 


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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 February 1969.

2.  The applicant states his SSN should be xxx-xx-xxx9 instead of xxx-xx-xxx4 as shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 56, dated
25 February 1969; and an U.S. Army Honorable Discharge Certificate, dated
7 August 1971.

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 on 25 July 1967.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist).

3.  Headquarters, U.S. Army Personnel Center, Special Orders Number 56, dated 25 February 1969, released the applicant from active duty, effective
25 February 1969.  These orders show his SSN as xxx-xx-xxx9.

4.  On 25 February 1969, the applicant was honorably released from active duty. Item 3 (Social Security Number) of his DD Form 214 with the period ending 
25 February 1969 shows his SSN as xxx-xx-xxx4.  There are no documents in the applicant's available records that show his SSN as xxx-xx-xxx4.

5.  The applicant submitted his U.S. Army Honorable Discharge Certificate, dated 7 August 1971, that shows his SSN as xxx-xx-xxx9.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 for the period ending 25 February 1969 erroneously shows his SSN as xxx-xx-xxx4.  There are no documents contained in the applicant's available records that show his SSN as xxx-xx-xxx4.  It is apparent that during the preparation of the applicant's DD Form 214 an administrative error was made.  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as xxx-xx-xxx9.

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 
deleting from item 3 of his DD Form 214 the entry xxx-xx-xxx4 and replacing it with the entry xxx-xx-xxx9.



      __________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)                                         AR20090012964



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ABCMR Record of Proceedings (cont)                                         AR20090012964



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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