BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110004136
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-XX-75XX."
2. The applicant states his SSN is "XXX-XX-75XX." He was unaware of the mistake until recently.
3. The applicant provides copies of his:
* social security card
* 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 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 DD Form 398 (Statement of Personal History), dated 18 October 1966, shows his SSN as "XXX-XX-75XX." He enlisted in the Regular Army on 8 November 1966 for a period of 3 years. He served in Vietnam and he was released from active duty on 23 August 1969.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-26XX."
4. His personnel records contain his service number and both SSN's. However, the following documents show SSN "XXX-XX-75XX":
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 15 November 1966
* DA Form 41 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Purple Heart orders
5. He provides a copy of his social security card that shows SSN
"XXX-XX-75XX."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "XXX-XX-75XX" at the time of his enlistment in the RA. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.
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 "XXX-XX-26XX" from item 3 of his DD Form 214 and replacing it with the entry "XXX-XX-75XX."
__________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) AR20110004136
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110004136
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