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ARMY | BCMR | CY2009 | 20090018771
Original file (20090018771.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090018771 


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 is 569 - ## - ####.

2.  The applicant states that his social security number was incorrectly entered on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and social security card.

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.  Special Orders Number 153, Armed Forces Examining and Entrance Station, Los Angeles, California, dated 8 August 1967, show the applicant was inducted into the Army of the United States on this date.  His social security number on these orders is shown as 569 - ## - ####.

3.  A review of the applicant's military service records show the above social security number was used during his period of active service.  There were a few documents in his file that contained typographical errors involving his social security number.

4.  His DA Form 201 (Military Personnel Records Jacket) and DA Form 20 (Enlisted Qualification Record) both show his social security number as 
569 - ## - ####.

5.  On 7 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve.  Item 3 (Social Security Number) of his 
DD Form 214 shows his social security number as 567 - ## - ####.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct social security number as 569 - ## - ####.

2.  The evidence of record clearly shows the applicant was inducted into the Army of the United States using social security number 569 - ## - ####, and he served under that same number.  However, his DD Form 214 incorrectly shows his social security number as 567 - ## - ####.

3.  In view of the above, the applicant's DD Form 214 should be corrected to show his social security number as 569 - ## - ####.

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 the entry in Item 3 of his DD Form 214 and adding 569 - ## - ####.




      _______ _  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)                                         AR20090018771



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090018771



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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