BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110003839
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states, in effect, the SSN on his DD Form 214 erroneously contains a "6" as the sixth digit and it should be corrected to show an "8."
3. He provides a copy of his 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 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 applicants military records show he enlisted in the Regular Army (RA) on 19 January 1966. His SSN is not listed on his DD Form 4 (Enlistment Record Armed Forces of the United States). At the time he entered active duty he was assigned and identified throughout with his service number, which began with the prefix "RA.
3. He was honorably released from active duty on 16 January 1970. Item 3 (SSN) of his DD Form 214 shows the sixth digit of his SSN as a "6."
4. His military records contain a DA Form 41 (Record of Emergency Data), dated 12 September 1969. Item 9 (SSN) of this form shows the sixth digit of his SSN as an 8. His DA Form 6564 (Servicemans Statement Concerning Application for Compensation from the Veterans Administration) shows the sixth digit of his SSN as an 8.
5. His DA Form 20 (Enlisted Qualification Record), item 1 (Name and Service Number), and all other documents in his Military Personnel Records Jacket show the sixth digit of his SSN as an "8."
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the sixth digit of the applicant's SSN is an "8." Therefore, he is entitled to correction his DD Form 214 to show the sixth digit as an "8."
2. In view of the foregoing, his records should be corrected as recommended below.
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 the SSN in item 3 of his DD Form 214;
b. adding in item 3 of his DD Form 214 an SSN with an "8" as the sixth digit; and
c. providing him a document showing this correction.
_______ _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.
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