IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100017319
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "X9X-XX-XXXX" instead of "X4X-XX-XXXX."
2. The applicant states:
* his SSN is incorrect as shown on his DD Form 214
* the second digit of his SSN is "9" not "4"
3. The applicant provides:
* social security card
* letter from the Social Security Administration, dated 15 November 2010
* DD Form 214
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
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 7 December 1965. His DD Form 398 (Statement of Personal History), dated 6 December 1965, shows his SSN as "X9X-XX-XXXX." He served as a military policeman in Vietnam. He was released from active duty on 12 September 1967 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 of the applicant's DD Form 214 shows his SSN as "X4X-XX-XXXX."
4. The applicant was honorably discharged from the USAR on 6 December 1971.
5. The majority of the applicant's service personnel records contain a service number. However, his DA Form 3027 (U.S. Army Request for National Agency Check), dated 3 August 1966; his DA Form 41 (Record of Emergency Data); and discharge orders from the USAR, dated 24 November 1971, show his SSN as "X9X-XX-XXXX."
6. In support of his claim, the applicant provided a copy of his social security card and a letter from the Social Security Administration which shows the number "x9x-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "X9X-XX-XXXX" at the time of his induction. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect the correct SSN.
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 deleting from item 3 of his DD Form 214 the entry "X4X-XX-XXXX" and replacing it with the entry "X9X-XX-XXXX."
_______ _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) AR20100017319
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ABCMR Record of Proceedings (cont) AR20100017319
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