IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100011186
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 that his Social Security Number (SSN) on his DD Form 214 (Report of Transfer or Discharge) be changed to XXX-XX-XX35.
2. The applicant states that during his period of service he was told to sign here. He did not have the opportunity to read documents before signing. He is now having problems because of the difference in the SSN.
3. The applicant provides copies of a letter from the Social Security
Administration (SSA) and his birth certificate.
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 enlisted in the Regular Army on 10 December 1965, completed training, and was awarded military occupational specialty 94B (Cook).
3. The applicant's enlistment documents do not include an SSN and his early records are identified only by the applicant's Army Service Number.
4. 1st Infantry Division General Orders Number 9851, dated 4 September 1969, for the award of the Air Medal shows an SSN of XXX-XX-XX33.
5. 2nd Target Acquisition Battalion, 26th Artillery Division Special Court-martial Order Number 1, dated 5 February 1968, shows an SSN of XXX-XX-XX35.
6. U. S. Army Personnel Center Special Orders Number 326, dated 22 November 1969, released the applicant from active duty and transferred him the Army Reserve (USAR). The SSN on these orders is XXX-XX-XX35.
7. The applicant was released from active duty on 22 November 1969 with a total of 4 years, 11 months, and 16 days of creditable service and 336 days of lost time. His DD From 214 shows an SSN of XXX-XX-XX69.
8. His DA Form 20 (Enlisted Qualification Record) shows an SSN of
XXX-XX-XX69.
9. The SSA verification letter shows the SSN XXX-XX-XX35 as belonging to the applicant since his birth.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that during his period of service he was told to sign here. He did not have the opportunity to read documents before signing. He is now having problems because of the difference in the SSN.
2. The applicant's official record contains three different SSN's. The number XXX-XX-XX35 is correct according to the SSA ,and is the most often used SSN. Threrfore, it is appropriate grant the applicant's request and show his SSN as XXX-XX-XX35.
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 SSN XXX-XX-XX69 and replacing it with XXX-XX-XX35.
_______ _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) AR20100011186
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ABCMR Record of Proceedings (cont) AR20100011186
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