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ARMY | BCMR | CY2011 | 20110013028
Original file (20110013028.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013028 


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 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the third digit of his social security number (SSN) as “7” instead of “9.”

2.  He states he has used the SSN of "xx7-xx-xxxx" for 40 years or more.

3.  He provides:

* DD Form 214
* Social Security Card
* Letter from the Social Security Administration

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 on 9 July 1963 and he was released from active duty on 4 July 1966.  

3.  Item 32 of his DD Form 214 shows the third digit of his SSN as “9.”  

4.  The remaining documents in his service record show his service number, not his SSN.  

5.  He provided a copy of his Social Security Card and a letter from the Social Security Administration, dated 6 June 2011, which both show the third digit of his SSN as “7.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s statement that he has used the SSN of "xx7-xx-xxxx" for 
40 years or more is acknowledged and determined to have merit.

2.  His Social Security Card and letter from the Social Security Administration both show the third digit of his SSN as “7.”  However, his DD Form 214 shows the third digit of his SSN as “9.”

3.  It appears that an administrative error occurred when his SSN was entered on his DD Form 214.  

4.  Therefore, it would be appropriate to amend item 32 of his DD Form 214 to reflect the SSN as listed on his Social Security Card and letter from the Social Security Administration.  

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 his DD Form 214 to list his 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)                                         AR20110013028



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20110013028



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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