BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004253
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 (Report of Separation from Active Duty) for the period ending 14 May 1975.
2. He states the SSN is incorrect and indicates his SSN is "XX4-XX-XXXX."
3. He provides:
* DD Form 214
* 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. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 20 May 1974 for subsequent enlistment in the Regular Army (RA) on 31 July 1974. Item 1 (Service Number/Social Security Account Number (SSAN)) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) lists his SSN as "XX4-XX-XXXX."
3. He enlisted in the Regular Army on 31 July 1974. Item 1 and item 29 (Prior Service) of his DD Form 4 list his SSN as "XX4-XX-XXXX."
4. He was honorably discharged from active duty on 14 May 1975. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX7-XX-XXXX."
5. Item 2 (SSN) of his DA Form 20 (Enlisted Qualification Record) and several documents in his military personnel records jacket show his SSN as
"XX7-XX-XXXX."
6. He provides a copy of his social security card showing his SSN as
"XX4-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the applicant enlisted in the USAR and RA with the SSN of "XX4-XX-XXXX." It appears a typographical error occurred when his DA Form 20 was prepared, and the error was carried over during the processing of his DD Form 214. Therefore, he is entitled to correction of item 3 of his DD Form 214 for the period ending 14 May 1975 to show his SSN as "XX4-XX-XXXX."
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 the evidence presented is 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 SSN shown in item 3 of his DD Form 214 for the period ending 14 May 1975 and replacing it with the SSN "XX4-XX-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) AR20110004253
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