IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110011110
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 the first digit of his social security number (SSN) as "0."
2. The applicant states his DD Form 214 does not reflect his correct SSN.
3. The applicant provides his:
* social security card
* DD Form 214 with an effective date of 26 February 1971
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. He enlisted in the Massachusetts Army National Guard on 23 June 1968. On 30 September 1968, he was ordered to initial active duty for training. He was released from active duty on 8 February 1969. He was issued a DD Form 214 for this period of active duty. Item 3 (SSN) of his DD Form 214 with an effective date of 8 February 1969 shows his SSN with the first digit "0."
3. On 29 May 1969, he was ordered to active duty with a reporting date of 2 July 1969. His orders for active duty identify him with an SSN having the first digit "0."
4. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN having the first digit "0."
5. On 26 February 1971, he was released from active duty.
a. His orders for release from active duty show his SSN having the first digit "0."
b. Item 3 of his DD Form 214 with an effective date of 26 February 1971 shows his SSN having the first digit "2."
6. Documents throughout his Military Personnel Records Jacket identify his SSN having the first digit "0."
7. His social security card shows his SSN with the first digit "0."
DISCUSSION AND CONCLUSIONS:
There was clearly a typographical error when his SSN was entered on his DD Form 214 with an effective date of 26 February 1971. Therefore, it is appropriate to correct item 3 of his DD Form 214 to show his SSN as it is listed on his social security card.
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 SSN from item 3 of his DD Form 214 with an effective date of 26 February 1971 and adding the SSN as it is listed 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) AR20110011110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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