IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100018569
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 his correct social security account number (SSAN).
2. The applicant states the first three numbers of his SSAN should be 338, not 333 as shown on his DD Form 214.
3. The applicant provides copies of his Medicare health insurance card and a print-out from the Social Security Administration.
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's records contain:
a. DD Form 398 (Statement of Personal History), dated 13 August 1965, showing his SSAN as 338-XX-XXXX; and
b. DA Form 66 (Officer Qualification Record) showing his SSAN as
338-XX-XXXX;
3. The applicant's DD Form 214 shows in Item 3 (SSAN): 333-XX-XXXX.
4. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. It provided for the entry of the Soldier's SSAN item 3.
5. The documents provided by the applicant show his SSAN as
338-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct SSAN.
2. The available evidence shows the applicant's SSAN was incorrectly entered on his DD Form 214 and it should be corrected to show SSAN 338-XX-XXXX.
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 showing in Item 3 of his DD Form 214 SSAN 338-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) AR20100018569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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