IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009564
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-XX0X" instead of "XXX-XX-XX9X."
2. The applicant states:
* the SSN shown on his DD Form 214 is incorrect
* his SSN is "XXX-XX-XX0X"
* he needs his DD Form 214 corrected for social security reasons and to receive benefits
3. The applicant provides:
* social security card
* Social Security Benefit Statement
* 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 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's undated DD Form 398 (Statement of Personal History) shows the entry "XXX-XX-XX0X" in the SSN section.
3. He was inducted into the Army of the United States on 16 August 1966. He was released from active duty on 3 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX9X."
5. His personnel records contain his service number and both SSN's. However, the following documents show SSN "XXX-XX-XX0X":
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 23 August 1966
* numerous reassignment orders
6. He provides his social security card and a Social Security Benefit Statement that show his SSN as "XXX-XX-XX0X."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "XXX-XX-XX0X" at the time of his induction. 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 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 entry "XXX-XX-XX0X" 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) AR20110009564
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110009564
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