IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110009749
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 "x71-xx-xxxx" instead of "x17-xx-xxxx."
2. The applicant states the Army transposed the numerals of his SSN.
3. The applicant provides:
* a letter from the Social Security Administration
* Social Security Card
* Birth Certificate
* Operator License
* Department of Veterans Affairs Identification Card
* DD Form 214
* Standard Form 88 (Report of Medical Examination)
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 was inducted into the Army of the United States on 26 September 1968.
3. Item 17c (Remarks) of the applicants DD Form 47 (Record of Induction), dated 26 September 1968, shows his SSN as x71-xx-xxxx.
4. Item 13 (Employment SSN) of the applicant's DD Form 398 (Statement of Personal History), dated 3 October 1968, shows his SSN as x71-xx-xxxx. The document contains his signature.
5. Item 9 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), undated, shows his SSN as x71-xx-xxxx. This document contains his signature.
6. On 29 October 1969, the applicant was honorably retired and placed on the temporary disability retired list (TDRL). The DD Form 214 he was issued at the time shows his SSN as x17-xx-xxxx.
7. The applicants record contains Letter Orders Number D-7-1194, issued by Department of the Army, Office of the Adjutant General, dated 5 August 1971, which shows that on 30 September 1971 he was found fit for duty and was removed from the TDRL. This letter order shows his SSN as x71-xx-xxxx.
8. He provides a copy of his social security card and a letter, issued by the U.S. Social Security Administration, which verifies his SSN as "x71-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
His social security card shows his SSN as "x71-xx-xxxx." With the exception of the applicants DD Form 214, the applicants SSN is correctly listed on the preponderance of documents and forms contained in his record. It appears the SSN on his DD Form 214 for the period ending 29 October 1969 was the result of a typographical error. Therefore, he is entitled to correction of this DD Form 214 to show his SSN as "x71-xx-xxxx."
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 deleting from item 3 of his DD Form 214 the entire entry "x17-xx-xxxx" and replacing it with the entry "x71-xx-xxxx" as shown on his DD Form 47.
_______ _ 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) AR20110009749
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ABCMR Record of Proceedings (cont) AR20110009749
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