IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010108
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 as "XXX-7X-XXXX" instead of "XXX-4X-XXXX."
2. He states a typographical error was made during his separation process. The only error is the middle number of his social security number that read
"XXX-4X-XXXX."
3. He provides:
* letter from the Social Security Administration
* DD Form 214
* social security card
* discharge orders and Honorable Discharge Certificate from the U.S. Army Reserve
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. A review of the documents contained in the applicant's military personnel records shows his social security number appears as both "XXX-4X-XXXX" and "XXX-7X-XXXX" on several documents throughout his tenure of service.
3. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as "XXX-4X-XXXX."
4. His discharge orders and Honorable Discharge Certificate from the U.S. Army Reserve show his social security number as "XXX-7X-XXXX."
5. The applicant provides a copy of his social security card and a letter issued by the Social Security Administration which show his social security number as "XXX-7X-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his social security number as "XXX-7X-XXXX" was carefully considered and determined to have merit.
2. Although the applicant's social security number appears as both
"XXX-7X-XXXX" and "XXX-4X-XXXX" in his military personnel records, his social security card and letter from the Social Security Administration show the applicant's social security number as "XXXX-7X-XXXX." Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as indicated on the evidence from the Social Security Administration.
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 correcting item 3 of his DD Form 214 to list his social security number 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) AR20110010108
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010108
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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