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ARMY | BCMR | CY2011 | 20110002997
Original file (20110002997.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002997 


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 his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1969 be changed to xxx-xx-9641 instead of xxx-xx-9461.

2.  The applicant states, in effect, his DD Form 214 is the official service record that allows him access to the services/benefits he is entitled to receive.

3.  The applicant provides his:

* DD Form 214 with an effective date of 31 July 1969
* social security 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.  He enlisted in the Regular Army on 11 August 1964.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) does not show any entries listing his SSN.

3.  On 11 August 1965, he was discharged for immediate reenlistment.  He reenlisted on 12 August 1965.  His DD Form 4 does not show any entries listing his SSN.  He was issued a DD Form 214 for the period of service from 11 August 1964 to 11 August 1965.  Item 32 (Remarks) of his DD Form 214 lists social security account number (SSAN) xxx-xx-9641.

4.  Documents throughout the applicant's military personnel records jacket (MPRJ) reflect his SSN as xxx-xx-9461 or xxx-xx-9641.  

5.  On 31 July 1969, he was released from active duty.  Item 3 (SSN) on his 
DD Form 214 shows his SSN as xxx-xx-9461.

6.  The SSN card submitted by the applicant shows his SSN as xxx-xx-9641.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's active service a Soldier was not identified by the SSN.

2.  Documents throughout his MPRJ reflect his SSN as xxx-xx-9461 or xxx-xx-9641.  

3.  His DD Form 214 with an effective date of 11 August 1965 and his social security card show his SSN as xxx-xx-9641.

4.  The preponderance of substantiative evidence in this case shows his SSN as xxx-xx-9641.  Therefore, it would be appropriate to change item 3 of his DD Form 214, effective 31 July 1969, to show his SSN as xxx-xx-9641.

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 deleting the entry in item 3 of his DD Form 214 and adding xxx-xx-9641.  




      _______ _   _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)                                         AR20110002997



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20110002997



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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