BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017280
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 change his social security number (SSN) from "XXX-XX-18XX" to "XXX-XX-19XX."
2. He states he believes an administrative error occurred during preparation of his DD Form 214.
3. He provides copies of the following documentation in support of his request:
* his DD Form 214
* his social security card
* his Geneva Conventions Identification Card
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. His records show he was inducted into the Army of the United States on 14 August 1969. A copy of his DD Form 47 (Record of Induction) shows the SSN "XXX-XX-19XX" in item 2 (Service Number).
3. Item 17 (Social Security Number) of a DA Form 428 (Application for Identification Card) lists his SSN as "XXX-XX-19XX."
4. He completed a Veterans Administration Form 29-8286 (Serviceman's Group Life Insurance Election) on 9 December 1970 which lists his SSN as "XXX-XX-19XX."
5. He provided copies of his social security card and Geneva Convention Identification Card. Both of these documents list his SSN as "XXX-XX-19XX."
6. A copy of his DD Form 214 shows he was honorably released from active duty on 22 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. Item 3 (Social Security Number) of this form depicts his SSN as "XXX-XX-18XX."
DISCUSSION AND CONCLUSIONS:
1. His request to correct his SSN to read "XXX-XX-19XX" was carefully considered and was found to have merit.
2. The evidence of record shows at the time he entered the Army, his SSN was listed as "XXX-XX-19XX." His military records also contain official documents which list his SSN as "XXX-XX-19XX."
3. However, at the time of his separation, the SSN of "XXX-XX-18XX" was entered in item 3 of his DD Form 214. It is apparent that an administrative error occurred at the time his DD Form 214 was prepared.
4. In view of the foregoing, his DD Form 214 should be corrected to show his correct SSN as "XXX-XX-19XX."
BOARD VOTE:
___x___ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 by deleting the entry "XXX-XX-18XX" and replacing it with the entry "XXX-XX-19XX."
___________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) AR20100017280
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