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ARMY | BCMR | CY2011 | 20110009292
Original file (20110009292.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    6 October 2011

		DOCKET NUMBER:  AR20110009292 


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-3XXX."

2.  The applicant states his SSN as shown on his DD Form 214 is incorrect.

3.  The applicant provides copies of his DD Form 214, social security card, Honorable Discharge Certificate, and DA Form 137 (Installation Clearance Record).

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 August 1967 and was released from active duty on 22 March 1969.  He held military occupational specialty 13A (Basic Artilleryman).

3.  All documentation in the applicant's official records except his DD Form 214 show his SSN as "XXX-XX-3XXX."  The DD Form 214 shows an SSN of 
"XXX-XX-5XXX."

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  Personnel preparing the DD Form 214 are to ensure all information is accurate.

DISCUSSION AND CONCLUSIONS:

1.  All documentation in the applicant's official records except his DD Form 214 show his SSN as "XXX-XX-3XXX."  The DD Form 214 incorrectly shows an SSN of XXX-XX-5XXX.

2.  Therefore; it is appropriate to correct the DD Form 214 to read 
"XXX-XX-3XXX" as shown on the applicant's social security card.

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 his DD Form 214 and replacing it with the SSN 
"XXX-XX-3XXX" as 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.
ABCMR Record of Proceedings (cont)                                         AR20110009292



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20110009292



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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