BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009836
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 the social security number (SSN) shown on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states the SSN shown in item 3 (SSN) of his DD Form 214 is incorrect.
3. The applicant provides a letter from the Social Security Administration showing his SSN as "228-XX-XXXX."
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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 27 January 1971 under the SSN
"228-XX-XXXX."
3. His SSN is shown as "288-XX-XXXX" on a DA Form 428 (Application for Identification Card) and a DD Form 369 (Armed Forces Fingerprint Card) which the applicant, himself, signed.
4. The applicant was released from active duty (REFRAD) on 14 November 1972 and transferred to the U.S. Army Reserve. His orders show his SSN as
"228-XX-XXXX"; however, item 3 of his DD Form 214 shows his SSN as
"288-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the SSN the applicant claims is correct was recorded upon his induction, but the first three digits were transposed on various documents in his record. Upon REFRAD, his SSN was incorrectly recorded on his DD Form 214 as "288-XX-XXXX."
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as "228-XX-XXXX."
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 current entry from item 3 of his DD Form 214 and adding the SSN 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) AR20110009836
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ABCMR Record of Proceedings (cont) AR20110009836
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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