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ARMY | BCMR | CY2011 | 20110014793
Original file (20110014793.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110014793 


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 the Social Security Number (SSN) listed on his 15 July 1986 discharge orders from the United States Army Reserve (USAR) and the accompanying Honorable Discharge Certificate (DD Form 256A). 

2.  The applicant states the SSN listed on the orders and certificate in question is incorrect and provides his correct SSN in item 1d (Service Number (if applicable)) and e (SSN) of his application.  

3.  The applicant provides the discharge orders and certificate in question in support of his application.

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 record shows the applicant initially enlisted in the USAR for 6 years on
3 November 1978.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared to document this enlistment lists the SSN he provides in his application as the correct one in item 2 (SSAN).  

3.  On 3 November 1987, the applicant reenlisted in the USAR for 6 years.  The DD Form 4 prepared documenting this enlistment also lists the SSN he provided in his application and which he claims is correct in item 2 (Social Security Number).  

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) lists the SSN he claims is correct in item 2 (SSN), and all documents on file in his Military Personnel Records Jacket (MPRJ) that contain a SSN, including a DD Form 214 (Certificate of Release or Discharge from Active Duty), list the one he now claims is correct and that is provided in his application.  No documents in the file list the incorrect SSN listed on the discharge orders and certificate in question.  

5.  The applicant provides the USAR discharge orders and DD Form 256A in question and both list the SSN the applicant claims is incorrect.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct the SSN listed on his 15 July 1986 discharge orders and certificate has been carefully considered and found to have merit. 

2.  The evidence of record confirms the SSN the applicant provides in his application and which he claims is correct is the same one recorded in all records and documents on file in his MPRJ.  The SSN listed on the 15 July 1986  discharge orders and certificate in question is not recorded in the applicant’s military service records.  Therefore, it would be appropriate to correct the discharge orders and certificate in question accordingly.  

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 the 15 July 1986 USAR discharge orders and discharge certificate in question by deleting the current SSN and replacing it with the one provided by the applicant in item 1d and 1e of his application, and documented in his military service records.  



      _______ _ 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)                                         AR20110014793



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110014793



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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