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ARMY | BCMR | CY2011 | 20110016357
Original file (20110016357.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    15 March 2012

		DOCKET NUMBER:  AR20110016357 


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 social security number (SSN) as "xxx-xx-3xxx" instead of "xxx-xx-4xxx."

2.  The applicant states he never realized the SSN on his DD Form 214 was in error until now.

3.  The applicant provides:

* his DD Form 214 for the period ending 27 January 1971
* a printout from the Social Security Administration, dated 13 May 2011, showing his SSN as "xxx-xx-3xxx"

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 1 April 1966 for a period of
3 years.  During his period of service Soldiers were issued service numbers that were primarily used for identification purposes.  However, he also provided his SSN as "xxx-xx-3xxx."

3.  On 14 January 1968, the applicant was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows his SSN as "xxx-xx-3xxx."

4.  A review of the applicant's record revealed that every document requiring an SSN showed the same SSN as shown on his initial DD Form 214 and the SSA printout provided by the applicant.

5.  On 27 January 1971, the applicant was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.  Item 3 of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-4xxx," which is different from the SSN on his initial DD Form 214 and the SSA printout provided by the applicant.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, required the SSN to be entered in Item 3 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his SSA printout.

2.  The applicant's military record contains documents showing the same SSN as shown on his SSA printout and initial DD Form 214.  The only document in the applicant's record showing a different SSN is his DD Form 214 for the period ending 27 January 1971.

3.  It appears an administrative error occurred during the preparation of his
DD form 214 for the period ending 27 January 1971.  Therefore, his DD Form 214 for this period of service should be corrected to show the SSN as shown on his initial DD Form 214 and SSA printout.


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 for the period ending 27 January 1971 the current entry and replacing it with the Social Security Number as shown on his DD Form 214 for the period ending 14 January 1968 and Social Security Administration printout, dated 13 May 2011.



      _______ _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)                                         AR20110016357



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ABCMR Record of Proceedings (cont)                                         AR20110016357



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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