IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090020480
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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his
DA Form 3522 (Certificate of Appreciation) be corrected to show his SSN as
510-**-****.
2. The applicant states, in effect, these documents do not show his correct SSN.
3. The applicant provides copies of:
* a letter, dated 3 November 2009, from the Social Security Administration
* his Summary FICA Earnings
* his SSN card
* his DD Form 214
* his DA Form 3522
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's military personnel records show he was inducted into the Army of the United States on 29 February 1968. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).
3. The applicant's DD Form 47 (Record of Induction) assigned him the service number US 564*****. His SSN, 510-**-****, is annotated in item 1 (Last Name - First Name - Middle Name) of this form.
4. A DD Form 398 (Statement of Personal History) was completed and signed by the applicant on 29 February 1968. The applicant entered his SSN on this form as 510-**-****.
5. Armed Forces Examining and Entrance Station, Armed Forces Building, Kansas City, MO Special Orders Number 42, dated 29 February 1968, lists
21 inductees for active duty and assigned them to U.S. Army Reception Station, Fort Leonard Wood, MO. The applicant is identified on this list with the service number US 564***** and the SSN 510-**-****.
6. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) identifies him with the service number US 564***** and the SSN 510-**-****.
7. Documents throughout the applicant's Military Personnel Records Jacket (MPRJ) identify the applicant with the SSN 510-**-****.
8. On 27 February 1970, the applicant was released from active duty. He had completed 1 year, 11 months, and 29 days of active service that was characterized as honorable. Item 3 (SSN) of the applicant's DD Form 214 shows his SSN as 501-**-****. His DA Form 3522 identifies him with the SSN 201-**-****.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN is 510-**-***.
2. The applicant's DD Form 47, DD Form 398, induction orders, and documents throughout his MPRJ identify him with the SSN 510-**-****. The preponderance of the evidence in this case shows his correct SSN to be 510-**-****. Therefore, it is appropriate to correct his DD Form 214 and DA Form 3522 to reflect his correct SSN.
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:
* amending item 3 of his DD Form 214 to show 510-**-**** instead
of 501-**-****
* change his SSN (if possible) on his DA Form 3522 to show 510-**-**** instead of 201-**-****
_______ _ _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) AR20090020480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090020480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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