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Decision Text

ARMY | BCMR | CY2011 | 20110003241
Original file (20110003241.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003241 


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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 July 1969 to show his social security number (SSN) as XXX-8X-9XXX instead of XXX-9X-8XXX.

2.  The applicant states he does not know why the SSN is incorrect on his DD Form 214.  He adds that since the number difference is so slight it was apparently overlooked until recently.

3.  The applicant provides his DD Form 214, SSN card, and a Social Security Administration printout.

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 military records show he was inducted into the Army of the United States on 11 December 1967.

3.  His DD Form 47 (Record of Induction); Armed Forces Examining and Entrance Station Special Orders Number 239, dated 11 December 1967 (induction orders); a DA Form 1584 (National Agency Check Request); and numerous other orders in his records show his SSN as XXX-8X-9XXX.

4.  His DA Form 20 (Enlisted Qualification Record) shows his SSN was originally typed as XXX-8X-9XXX and then lined through in ink to read XXX-9X-8XXX.

5.  The DD Form 214 he was issued for this period shows he was released from active duty on 16 July 1969.  This DD Form 214 and several other documents containing an SSN show his SSN as XXX-9X-8XXX.

6.  The Social Security Administration printout and Social Security card provided by the applicant show his SSN as XXX-8X-9XXX.

7.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. 

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47, Armed Forces Examining and Entrance Station Special Orders Number 239, a DA Form 1584, and numerous other orders in his records show his SSN as XXX-8X-9XXX.  The Social Security Administration printout and Social Security card he provided show his SSN as XXX-8X-9XXX.

2.  His DA Form 20 shows his SSN was originally typed as XXX-8X-9XXX and then lined through in ink to read XXX-9X-8XXX.  While his DD Form 214 and several other documents in his records show his SSN as XXX-9X-8XXX, it appears that at some point during his career two digits of his SSN were transposed and that this error was continued.

3.  Evidence indicates his correct SSN is XXX-8X-9XXX.  As such, it would be appropriate to correct this DD Form 214 to show his SSN as XXX-8X-9XXX.






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 the DD Form 214 for the period ending 16 July 1969 of the individual concerned be corrected by amending item 3 to show XXX-8X-9XXX.




      _______ _   __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)                                         AR20110003241



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ABCMR Record of Proceedings (cont)                                         AR20110003241



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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