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ARMY | BCMR | CY2011 | 20110018373
Original file (20110018373.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110018373 


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) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his SSN needs to be corrected to show "xxx-x6-xx39"
* his SSN contains a typing error

3.  The applicant provides:

* Social Security Card
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* DA Form 2139 (Military Pay Voucher) for the period 1-29 February 1968
* USAR discharge orders, dated 20 September 1972
* DD Form 214

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's DD Form 398 (Statement of Personal History), dated 
10 October 1966, shows the entry "xxx-x6-xx39" in the SSN section.

3.  He was inducted into the Army of the United States on 12 October 1966.  He served as an ammunition storage specialist and he was released from active duty on 4 September 1968 and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x8-xx68."

5.  His service personnel records contain a service number and both SSNs.

6.  He was honorably discharged from the USAR on 11 October 1972.  His discharge orders and Honorable Discharge Certificate show SSN "xxx-x6-xx39."

7.  He provides his Social Security Card and a 1968 military pay voucher which show his SSN as "xxx-x6-xx39."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SSN as "xxx-x6-xx39" at the time of his induction.  Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.

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)                                         AR20110018373



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110018373



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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