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ARMY | BCMR | CY2010 | 20100010721
Original file (20100010721.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    16 September 2010

		DOCKET NUMBER:  AR20100010721 


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) on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his SSN is entered incorrectly.

3.  The applicant provides a copy of his Social Security card and DD Form 214.

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
13 November 1967 and he was issued an Army Service Number for identification.
3.  His records contain a DD Form 47 (Record of induction), dated 13 November 1967, that indicates his SSN is xxx-xx-x1xx.

4.  Special Orders Number 221, issued by the Armed Forces Examining and Entrance Station, Knoxville, TN, dated 13 November 1967, inducted the applicant into the Army of the United States for a 24-month active duty commitment.  The orders assigned him to the U.S. Army Reception Station, Fort Campbell, KY.  The orders also indicate his SSN as xxx-xx-x1xx.

5.  The applicant served honorably from 13 November 1967 through 29 July 1969, including a tour of duty in Vietnam.

6.  The majority of documents included in his official military personnel file (OMPF) shows his SSN as xxx-xx-x2xx; however, there are also documents showing his SSN as xxx-xx-x1xx and xxx-xx-x244.

7.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows a SSN of xxx-xx-x2xx.

8.  The Social Security card provided by the applicant shows his SSN as
xxx-xx-x1xx.

9.  A U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification), dated 7 March 1970, shows that a correction was to be made to his records to reflect his SSN as xxx-xx-x1xx.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his SSN is incorrect as shown on the DD Form 214 he was issued for the period ending 29 July 1969.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

3.  His OMPF contains three different SSN's with a majority of the documents showing his SSN as xxx-xx-x2xx.  However, his record also contains a DD Form 47 and induction orders that contain the same SSN as shown on his Social Security card.  Additionally, in 1970, the USAAC Form 171 noted that the applicant's correct SSN should be xxx-xx-x1xx.

4.  The evidence of record and Social Security card provided by the applicant is sufficient to warrant correcting the applicant's SSN on 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 deleting from item 3 of his DD Form 214 the entry xxx-xx-x2xx and replacing it with the entry xxx-xx-x1xx.



      __________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)                                         AR20100010721



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ABCMR Record of Proceedings (cont)                                         AR20100010721



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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