IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110007911
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) with the fourth digit as "7" vice "1."
2. The applicant states the incorrect SSN is shown on his DD Form 214.
3. The applicant provides his DD Form 214 and 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 applicant's records show he was inducted into the Army of the United States (AUS) on 28 September 1966 and he held military occupational specialty 63C (General Vehicle Repairman).
3. In conjunction with his enlistment, he completed a DD Form 398 (Statement of Personal History), dated 27 September 1966, wherein he listed his SSN with the fourth digit as "7." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the fourth digit as "7."
5. A DA Form 3027 (U.S. Army Request for National Agency Check), dated 21 October 1966, shows his SSN with the fourth digit as "7."
6. His records contain numerous personnel, finance, medical, and legal documents including a Record of Emergency Data, assignment orders, and various other orders that show his SSN with the fourth digit as "7."
7. Special Orders Number 179, dated 27 June 1968, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, released him from active duty. His SSN is shown with the fourth digit as "7."
8. He was honorably released from active duty on 27 June 1968 and transferred to the U.S. Army Reserve. He completed 1 year and 9 months of creditable active service. Item 3 (SSN) of his DD Form 214 shows his SSN with the fourth digit as "1."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the fourth digit as "7" upon his induction into the AUS. This is the SSN he used throughout his military service. It appears an error was made when his DD Form 214 was completed with the fourth digit listed as "1." Therefore, he is entitled to the requested relief.
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 from item 3 of his DD Form 214 and replacing it with the SSN with the fourth digit as "7" as it is shown on his social security card.
_______ _ 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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