BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009987
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the eighth digit of the SSN should be "4" and not "8" as shown. He also states he is unable to obtain benefits with his SSN being listed incorrectly on his DD Form 214.
3. He provides copies of his DD Form 214, social security card, and State of Ohio commercial driver's license.
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 military records show he enlisted in the Regular Army on 29 January 1971. Item 1 (SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the eighth digit of his SSN was corrected to show "4." Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) and several other documents located in his military records show the eight digit of his SSN as "4."
3. He was released from active duty by reason of voidance of enlistment on 21 July 1972. Item 3 (SSN) of his DD Form 214 shows the eighth digit of his SSN as "8."
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the eighth digit of the applicant's SSN is "4."
Therefore, he is entitled to correction his DD Form 214 to show the eighth digit as "4."
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 eighth digit of the SSN shown on his DD Form 214 and replacing it with "4" and by providing him a document that shows this correction.
___________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) AR20100009987
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100009987
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