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Decision Text

ARMY | BCMR | CY2011 | 20110011816
Original file (20110011816.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011816 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states:

* his SSN is wrong on his DD Form 214
* his SSN is "4XX-6X-3XXX" not "4XX-3X-8XXX" 

3.  The applicant provides:

* Social Security card
* 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.  His DD Form 398 (Statement of Personal History), dated 29 August 1966, shows his SSN as "4XX-3XXX-6X" (the correct sequence of numbers for an SSN is three-two-four).  He was inducted into the Army of the United States on 
29 August 1966.  He was honorably released from active duty on 28 August 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 3 of his DD Form 214 shows his SSN as "4XX-3X-8XXX."

4.  His service personnel records contain a service number and SSN "4XX-3X-8XXX."  However, his DA Form 3027 (U.S. Army Request for National Agency Check), dated 30 August 1966, shows SSN "4XX-6X-3XXX."

5.  On 28 August 1972, he was honorably discharged from the USAR Control Group (Standby).  The discharge orders list his SSN as "4XX-6X-3XXX."

6.  The applicant provides a copy of his Social Security card which shows his SSN as "4XX-6X-3XXX."  

DISCUSSION AND CONCLUSIONS:

1.  He contends his SSN is "4XX-6X-3XXX."  Since his DD Form 398 does not contain the correct sequence of SSN numbers (three-two-four), it is reasonable to presume a typographical error occurred and the fourth and fifth digits "6X" were incorrectly transcribed at the end of his SSN on this form.  His SSN would then be shown as "4XX-6X-3XXX."  

2.  His DA Form 3027, dated 30 August 1966, and his 1972 USAR discharge orders show SSN "4XX-6X-3XXX."  

3.  Based on the foregoing, his Social Security card is accepted as sufficient evidence with which to correct his DD Form 214 to show SSN "4XX-6X-3XXX."





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 item 3 of his DD Form 214 to list his SSN as it is 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)                                         AR20110011816





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110011816



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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