BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110012958 


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) for the period ending 15 November 1967 to show his correct social security number (SSN).

2.  The applicant states his SSN should be "580-XX-XXXX" instead of 
"850-XX-XXXX" that is shown on his DD Form 214.

3.  The applicant provides:

* a Social Security card bearing the number "580-XX-XXXX" with his name and an address in Puerto Rico
* his DD Form 214 for the period ending 15 November 1967 with the SSN as "850-XX-XXXX"
* his DD Form 214 for the period ending 24 June 1991 with the SSN as
"580-XX-XXXX"
* an Honorable Discharge Certificate, dated 7 December 1971, with the SSN as "850-XX-XXXX"

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, and 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 was inducted into the Army of the United States on 8 December 1965, and held the military occupational specialty 36K (field wireman).

3.  His record contains a DD Form 47 (Record of Induction) that listed his SSN as "850-XX-XXXX."

4.  On 15 November 1967, he was honorably released from active duty as an early release overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 8 days of total active service.  The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry "850-XX-XXXX."

5.  On 7 December 1971, he was honorably discharged from the USAR.  The Honorable Discharge Certificate shows his SSN as "850-XX-XXXX."

6.  He submitted a copy of a:

* social security card that contains his name and the SSN "580-XX-XXXX"
* a DD Form 214 for the period ending 15 November 1967 that shows his SSN as "850-XX-XXXX"
* a DD Form 214 for the period ending 24 June 1991 that shows his SSN as "580-XX-XXXX"
* Honorable Discharge Certificate, dated 7 December 1971 that shows his SSN as "850-XX-XXXX"

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

8.  Review of the Social Security Administration (SSA) website indicates that prior to June 2011 SSNs were issued based on geography; however, in June 2011, SSA will begin to issue SSNs randomly, regardless of the address on the application to help reduce identify theft.  Prior to June 2011, SSNs beginning with "580" were issued to applicants residing in Puerto Rico or the Virgin Islands.  There was no SSNs issued beginning with the number "8" in the first position.

DISCUSSION AND CONCLUSIONS:

The applicant's record contains a DD Form 47 and a DD Form 214 that shows his SSN as "850-XX-XXXX."  He provides a Social Security card bearing his name with an SSN of "580-XX-XXXX."  Although the limited documents in his record shows his SSN as "850-XX-XXXX" it appears the first two numbers were erroneously inverted at the time of his induction as a result of an administrative error since no SSNs were issued beginning with the number "8" in the first position.  Therefore, it would be appropriate at this time to correct his 
DD Form 214 for the period ending 15 November 1967 to show the SSN as shown on his Social Security card and to issue him a new discharge certificate to reflect 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:

	a.  deleting from item 3 of his DD Form 214 for the period ending
15 November 1967 the SSN of "850-XX-XXXX" and replacing it with the SSN as shown on his Social Security card, and



	b.  issuing him an Honorable Discharge Certificate, dated 7 December 1971, to show the correct SSN as 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)                                         AR20110012958



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ABCMR Record of Proceedings (cont)                                         AR20110012958



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