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ARMY | BCMR | CY2011 | 20110007862
Original file (20110007862.txt) Auto-classification: Approved

		
		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110007862 


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 service number (SN) and social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 April 1971. 

2.  He states the fifth digit of his SN on his DD Form 214 is incorrectly entered as “4” and it should be entered as “2.”  He further states that the second and third digits of his SSN on his DD Form 214 are incorrectly entered as "38" and they should be entered as "83." 

3.  The applicant provides his DD Form 214 and SSN Verification Statement from the Social Security Administration.

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 15 April 1969.  His DD Form 47 (Record of Induction) shows the fifth digit of his SN as “2.”

3.  His entire military personnel records jacket (MPRJ) shows the fifth digit of his SN as “2” and the second and third digits of his SSN as “83.”

4.  On 7 April 1971, the applicant was honorably released from active duty.  

5.  His DD Form 214 for the period ending 7 April 1971 is the only document that shows the fifth digit of his SN as “4” in item 2 (Service Number) and the second and third digits of his SSN as “38” in item 3 (Social Security Number).

6.  He submitted a SSN Verification Statement from the Social Security Administration that shows the second and third digits of his SSN as “83.”

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 ending on 7 April 1971 shows the fifth digit of his SN as “4” and the second and third digits of his SSN as “38.”  His DD Form 47 and SSN verification statement confirms his DD Form 214 is incorrect; therefore, it should be corrected to reflect the fifth digit of his SN as "2" as it is shown on his DD Form 47 and to reflect the second and third digits of his SSN as “83” as it is shown on his SSN verification statement and all other documents in his records.

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 item 2 of the applicant's DD Form 214 be corrected to show the fifth digit of his SN as "2" and that item 3 of his DD Form 214 be corrected to show the second and third digits of his SSN as “83.”




      _______ _ 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)                                         AR20110007862





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110007862



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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