IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018871
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 social security number (SSN) as xxx-x2-xxxx instead of xxx-x9-xxxx.
2. He states the fifth digit of his SSN is wrong and the error was originally made when his SSN was entered in his records.
3. He provides a copy of his social security card and DD Form 214.
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 26 July 1966 and he was discharged on 9 November 1966.
3. Item 32 (Remarks) of his DD Form 214 shows his social security account number (SSAN) as xxx-x9-xxxx.
4. His DA Form 41 (Record of Emergency Data), dated 26 July 1966, shows his SSN as xxx-x2-xxxx.
5. His DA Form 20 (Enlisted Qualification Record) and DA Form 1315 (Reenlistment Data Card) show his SSN as xxx-x9-xxxx.
6. He provided a copy of his Social Security card issued by the Social Security Administration which shows his SSN as xxx-x2-xxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the fifth digit of his SSN is wrong was considered and determined to have merit.
2. His SSN appears both as xxx-x9-xxxx and xxx-x2-xxxx in his military personnel records; however, his Social Security card and the DA Form 41 completed at the time of his entry on active duty shows his SSN as xxx-x2-xxxx. Therefore, he is entitled to have his DD Form 214 corrected to show his SSN as xxx-x2-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:
a. deleting from item 32 of his DD Form 214 the entry SSAN xxx-x9-xxxx and
b. adding to item 32 of his DD Form 214 the entry SSAN: xxx-x2-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) AR20100018871
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ABCMR Record of Proceedings (cont) AR20100018871
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