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ARMY | BCMR | CY2011 | 20110012946
Original file (20110012946.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012946 


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 (Report of Separation from Active Duty) to show his social security number (SSN) with the last four digits as "07XX" vice "67XX."

2.  The applicant states the wrong SSN is shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and his Social Security Card.

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.  The applicant enlisted in the Regular Army (RA) on 18 November 1953 and he held military occupational specialty 63C (Track Vehicle Mechanic).  His DD Form 4 (Enlistment Record - United States Army), dated 18 November 1953, shows only his service number (SN) and not his SSN.

3.  He was discharged for the purpose of immediate reenlistment on 31 July 1957.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows only his SN and not his SSN.

4.  He reenlisted in the RA on 1 August 1957 and he was discharged for the purpose of immediate reenlistment on 31 July 1963.  The DD Form 214 he was issued for this period of service shows only his SN and not his SSN.

5.  He reenlisted in the RA on 1 August 1963 and he was discharged for the purpose of immediate reenlistment on 31 July 1969.  Item 3 (SSN) of the DD Form 214 he was issued for this period of service shows his SSN with the last four digits as "07XX."

6.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty and updated with his SSN at a later date shows his SSN with the last four digits as "07XX."

7.  His record contains numerous personnel, finance, medical, and legal documents including several award and assignment orders that show his SSN with the last four digits as "07XX."

8.  Letter Order Number E-06-035, dated 11 June 1973, issued by Headquarters, U.S. Army Europe and Seventh Army, Germany, released the applicant from active duty effective 30 November 1973 and placed him on the Retired List effective 1 December 1973.  His SSN is shown with the last four digits as "07XX."

9.  He was honorably retired from active duty on 30 November 1973.  He completed 20 years and 29 days of total active service.  Item 3 of the DD Form 214 he was issued for this period of service shows his SSN with the last four digits as "67XX."

10.  The applicant provides a Social Security Card which lists an individual with the same full name as the applicant and the SSN with the last four digits as "07XX."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant listed his SSN with the last four digits as "07XX" during his active service.  This is the SSN he used throughout his service and this is the SSN that appears on his DD Form 214 for the period ending on 31 July 1969.  It appears an error was made when his SSN was entered on his DD Form 214 for the period ending on 30 November 1973 with the last four digits as "67XX."  Therefore, he is entitled to the requested relief.

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 for the period ending on 30 November 1973 the current entry and replacing it with the 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)                                         AR20110012946





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ABCMR Record of Proceedings (cont)                                         AR20110012946



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