IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110010368
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 that his records be corrected to show his Social Security Number (SSN) begins 161 not 181.
2. The applicant states when he applied for Social Security benefits it was noted that his SSN on his DD Form 214 (Report of Transfer or Discharge) is wrong and he should have it corrected as soon as possible.
3. The applicant provides copies of his DD Form 214 and a letter from the Social Security Administration (SSA).
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 on 2 February 1966 and served on active duty until 13 January 1968. During his period of service the applicant principally served under an Army Service Number.
3. On those documents that do contain an SSN both the SSN beginning with 161 and 181 are used.
4. The applicant's DD Form 214 shows an SSN beginning 181.
5. A letter from the SSA states that their records show the applicant's SSN begins with 161.
DISCUSSION AND CONCLUSIONS:
Based on the fact that both SSN's in question were utilized in the applicant's records, combined with the SSA's verification that the applicant's correct SSN begins 161, it is reasonable to presume that the 181 SSN was a typographical error. Therefore, it is appropriate to correct the records to show the applicant's SSN as denoted in the SSA verification letter.
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 his DD Form 214 to show his SSN begins 161 as shown on the SSA verification letter.
_______ _ _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) AR20110010368
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010368
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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