IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110012995
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 Transfer or Discharge) to show his social security number (SSN) as x0x-xx-xxxx instead of x7x-xx-xxxx.
2. The applicant states it appears to be a typing error.
3. The applicant provides Hospital Birth Certificate 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 applicants 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 applicants 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 on 20 October 1964 for a period of 3 years.
3. His record contains a DD Form 398 (Statement of Personal History), dated
19 October 1964. The SSN block on page 2 of this form shows the entry
x0x-xx-xxxx.
4. His record also contains a DA Form 41 (Record of Emergency Data), dated 10 August 1967. Item 9 (SSN) of this form shows the entry x0x-xx-xxxx.
5. On 20 October 1967, he was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry x7x-xx-xxxx.
6. The Social Security card provided by the applicant shows an SSN of
x0x-xx-xxxx.
7. The information on the Hospital Birth Certificate provided by the applicant matches the same identification information contained in his official military personnel file (OMPF).
DISCUSSION AND CONCLUSIONS:
1. It appears that during the preparation of the applicant's DD Form 214 a typographical error occurred resulting in his SSN being recorded as x7x-xx-xxxx instead of the SSN as shown on his Social Security card.
2. Therefore, it would be at this time to correct the applicant's DD Form 214 to show the SSN as shown 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 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 x7x-xx-xxx and replacing it with the 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) AR20110012995
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ABCMR Record of Proceedings (cont) AR20110012995
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