IN THE CASE OF:
BOARD DATE: 4 November 2011
DOCKET NUMBER: AR20110009436
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* There is a typographical error in the SSN section of his DD Form 214
* The sixth digit of his SSN is "9"
* The error was recently discovered when he applied for Department of Veterans Affairs medical benefits
3. The applicant provides:
* Social Security Card
* Driver's License
* Passport
* Good Conduct Medal orders
* Honorable Discharge Certificate
* DD Form 214
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 DD Form 398 (Statement of Personal History), dated 25 May 1966, shows the entry "XXX-XX-9XXX" in the SSN section.
3. He enlisted in the Regular Army on 19 September 1966 for a period of
3 years. He served in Vietnam and was released from active duty on 26 April 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-2XXX."
5. His service personnel records contain a service number and SSN "XXX-XX-9XXX."
6. His USAAC Form 171 (Army Reserve Status and Address Verification), dated 1 December 1969, shows SSN "XXX-XX-9XXX."
7. He was honorably discharged from the USAR on 31 May 1972. These orders show SSN "XXX-XX-9XXX."
8. He provided a Social Security Card which shows his SSN as "XXX-XX-9XXX."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "XXX-XX-9XXX" at the time of his enlistment. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.
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 all Department of the Army records of the individual concerned be corrected by amending item 3 of his DD Form 214 to list his SSN 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.
ABCMR Record of Proceedings (cont) AR20110009436
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ABCMR Record of Proceedings (cont) AR20110009436
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