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ARMY | BCMR | CY2011 | 20110004466
Original file (20110004466.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110004466 


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-48-X4XX, not XXX-18-X1XX as shown.

2.  The applicant states his SSN was entered incorrectly.

3.  The applicant provides copies of his DD Form 214, social security card, and a statement from the Social Security Administration showing his correct SSN.

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 was inducted into the Army of the United States on 9 December 1965.  At that time, Soldiers were issued service numbers.

3.  His records contain:

	 a.   DA Form 3027 (U.S. Army Request for National Agency Check), dated 
9 December 1965, which shows his SSN as XXX-48-X4XX, and

	b.  USAAC Form 170 (Army Reserve Personnel Data Review), dated 17 April 1968, showing his SSN as XXX-48-X4XX.

4.  His DD Form 214 shows he was released from active duty discharged on        2 December 1967.  Item 3 (Social Security Number) shows XXX-18-X1XX.

5.  The applicant provides a copy of his Social Security card showing his SSN as XXX-48-X4XX.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant was inducted into the Army, served, and was discharged, all while using a service number.

2.  The applicant's DA Form 3027 and USAAC Form 170 are the only records found that provide his SSN and both are in agreement with his contention that the SSN on is DD Form 214 is incorrect.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

4.  In view of the above, the applicant's request should be granted.

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 showing his SSN as XXX-48-X4XX in item 3 of his DD Form 214.



      ____________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)                                         AR20110002630



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110004466



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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