IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100016493 


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 the number "9" as the last digit of his social security number (SSN) instead of the number "0."

2.  The applicant states the SSN on his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214, DD Form 256A (Honorable Discharge Certificate), and a letter from the Social Security Administration (SSA).

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 records show he was inducted into the Army of the United States (AUS) on 9 May 1967.  On an unknown date, he completed DD Form 398 (Statement of Personal History) wherein he listed his SSN with the number "9" as the last digit.  

3.  His records contain DA Form 41 (Record of Emergency Data), dated 9 May 1967, wherein his SSN is listed with the number "9" as the last digit.  He authenticated this form by placing his signature in the appropriate block.

4.  His records also contain a DA Form 3027 (U.S. Army Request for National Agency Check), dated 10 May 1967, wherein his SSN is listed with the number "9" as the last digit.

5.  His records contain various forms and orders that list only his selective service number and not his SSN.

6.  On 15 November 1967, he submitted a request for a hardship discharge under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 6, based on his father's ill health.  On 18 December 1967, the approving authority approved his request.

7.  On 20 December 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his Reserve obligation.  Item 3 (Social Security Number) of the DD Form 214 he was issued shows his SSN with the last digit as "0."

8.  The applicant provides a statement from the SSA wherein it verifies his SSN with the number "9" as the last digit.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN shown on his DD Form 214 should be corrected to show the number 9 as the last digit. 

2.  The evidence of record shows that upon induction into the AUS, the applicant listed his SSN with "9" as the last digit.  DA Form 41, dated 9 May 1967, and DA Form 3027, dated 10 May 1967, also listed his SSN with "9" as the last digit.  All documents filed in his record prior to his release from active duty contain only his selective service number and not his SSN.  

3.  In view of the foregoing, it can be presumed that the entry of his SSN on his DD Form 214 with the last digit listed as "0" was a clerical error.  Therefore, the applicant is entitled to the requested relief. 

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 the number "9" as the last digit of his SSN and issuing him a new Honorable Discharge Certificate.



      _______ _  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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20100016493



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