IN THE CASE OF:
BOARD DATE: 2 March 2010
DOCKET NUMBER: AR20090016608
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, in effect, that the first and third digits of his social security number (SSN) be corrected in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his SSN is incorrect as shown on his DD Form 214 and the first digit should be "2" and the third digit should be "3."
3. The applicant provides 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 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's DD Form 398 (Statement of Personal History), dated 20 November 1967, and his enlistment contract shows SSN 2X3-XX-XXXX. He enlisted in the Regular Army on 8 December 1967 for a period of 3 years. He served as a crane shovel operator and was released from active duty on 28 November 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 3 of the applicant's DD Form 214 shows SSN 3X2-XX-XXXX.
4. The applicant's service personnel records show SSN 2X3-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant's first digit of his SSN is "2" and the third digit of his SSN is "3." Therefore, it would be appropriate to correct item 3 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 first and third digits from item 3 of his DD Form 214 and
b. adding the entries "2" as the first digit and "3" as the third digit to 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) AR20090016608
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ABCMR Record of Proceedings (cont) AR20090016608
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