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ARMY | BCMR | CY2011 | 20110010987
Original file (20110010987.txt) Auto-classification: Approved

		

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010987 


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 correct social security number (SSN).

2.  The applicant states, in effect, the last four digits of the SSN recorded on his DD Form 214 are incorrect and should be "9289" instead of "2980."

3.  The applicant provides copies of his driver license, Social Security Card, a SSN printout, two forms/documents, and his 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 23 May 1966.  The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item
1 (Name and Service Number) [in part] the SSN "XXX-XX-9289."

4.  Headquarters, Fitzsimons General Hospital, Denver, Colorado, Special Orders Number 50, dated 29 February 1968, released the applicant from active duty (REFRAD) on 5 March 1968 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The orders show the applicant's SSN as "XXX-XX-9289."

5.  The applicant's DD Form 214 shows he entered active duty on 23 May 1966, he was honorably REFRAD on 5 March 1968, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.

   a.  He completed 1 year, 9 months, and 13 days of net active service.

	b.  Item 3 (Social Security Number) shows "XXX-XX-2980."

6.  In support of his application the applicant provides the following documents:

	a.  His Social Security Card that shows his SSN is "XXX-XX-9289."

	b.  A Social Security Administration, SSN Printout, dated 12 May 2011, that shows SSN "XXX-XX-9289" is assigned to the applicant.

	c.  A FCUSA Form 34-23 (Request for Information/Transmittal of Documents), dated 30 April 1968, and VA Form 29-4364 (Application for National Service Life Insurance), dated 3 June 1968, that show the applicant indicated his SSN was "XXX-XX-9289."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant reported his SSN while serving in the U.S. Army and it was correctly recorded on his DA Form 20 and REFRAD orders.  However, upon his REFRAD, his SSN was incorrectly recorded on his DD Form 214 as "XXX-XX-2980."

2.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN.
  
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 entry "XXX-XX-2980" and adding the entry as shown on the DA Form 20 and his REFRAD orders.



      _______ _ 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)                                         AR20110010987



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110010987



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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