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ARMY | BCMR | CY2011 | 20110014974
Original file (20110014974.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110014974 


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 records to show his social security number (SSN) as “4x5-xx-xxxx” instead of “5x4-xx-xxxx.”

2.  He states it appears to have been a typographical error whereby the typist inadvertently transposed the first three digits of his SSN.  

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), social security card, and Medicare Health Insurance 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 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 16 January 1968.

3.  A review of his military personnel records revealed the majority of the documents show his SSN as “4x5-xx-xxxx”, such as:

* DA Form 41 (Record of Emergency Data)
* Special Orders Number 12, dated 16 January 1968 
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 4, dated 5 January 1970 
* Special Orders Number 15, dated 15 January 1970
* DA Form 137 (Installation Clearance Record), dated 15 January 1970

4.  He was released from active duty on 15 January 1970.  Item 3 (SSN) on his DD Form 214 shows his SSN as “5x4-xx-xxxx.”

5.  He provided a copy of his social security card and Medicare Health Insurance Card which both show his SSN as 4x5-xx-xxxx.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the first three digits of his SSN appears to have been transposed is acknowledged and determined to have merit.  

2.  The majority of the documents in his service record, his social security card, and Medicare Health Insurance Card show his SSN as “4x5-xx-xxxx.”  However, his DD Form 214 shows his SSN as “5x4-xx-xxxx.”

3.  It appears an administrative error was made at the time his SSN was recorded on his DD Form 214.  

4.  Therefore, it would be appropriate to amend item 3 of his DD Form 214 to reflect the SSN as listed 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 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)                                         AR20110014974





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110014974



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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