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ARMY | BCMR | CY2011 | 20110014885
Original file (20110014885.txt) Auto-classification: Approved

		IN THE CASE OF:

		BOARD DATE:	2 February 2012

		DOCKET NUMBER:  AR20110014885 


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) to show his correct social security number (SSN).

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

3.  The applicant provides copies of his:

* DD Form 214
* Social Security card showing a completely different SSN
* Certification of Birth

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 was inducted into the Army of the United States on
29 December 1965.  At that time, Soldiers were issued military service numbers for identification purposes.

3.  His available official military personnel file (OMPF) contains the following documents that reflect the same SSN as shown on his Social Security card:

* DA Form 3037 (U.S. Army Request for National Agency Check), dated
14 July 1966
* DA Form 41 (Record of Emergency Data), date illegible

4.  He was honorably released from active duty on 12 December 1967 as an overseas returnee.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows a completely different SSN than the one shown on his Social Security card.

DISCUSSION AND CONCLUSIONS:

1.  The only two documents contained in the applicant's OMPF with an SSN shows the SSN as reflected on the Social Security card he provided.

2.  It appears the SSN on his DD Form 214 is incorrect as a result of an administrative error.  Therefore, it would be appropriate at this time to correct his 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 the evidence presented is 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 current entry and replacing it with the Social Security Number 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)                                         AR20110014885 



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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