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ARMY | BCMR | CY2011 | 20110022683
Original file (20110022683.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20110022683 


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 "250-XX-XXXX."

2.  The applicant states his SSN as shown on his DD Form 214 is incorrect.

3.  The applicant provides copies of his DD Form 214 and social security 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 completed a DD Form 398 (Statement of Personal History) on 8 February 1966 in connection with his induction into the Army of the United States (AUS) wherein he listed his SSN with the number "0" as the third digit.  He authenticated this form by placing his signature in the appropriate block.

3.  He was inducted into the AUS on 11 February 1966.  His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty lists his SSN with the number "0" as the third digit.  He reviewed this form and placed his signature in the appropriate block.

5.  His records contain various documents, including separation orders, a record of emergency data, and computerized punch cards, that list his SSN with the number "0" as the third digit.  He authenticated several of these documents as required by placing his signature in the appropriate block.

6.  He was honorably released from active duty on 21 February 1968.  Item 3 (SSN) of his DD Form 214 shows his SSN as "259-XX-XXXX."

7.  He provides a copy of a social security card which lists his name and the SSN "250-XX-XXXX."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

In connection with his induction into the AUS, the applicant listed an SSN that contained the number "0" as the third digit.  He consistently used this SSN throughout his military service.  It appears his DD Form 214 inadvertently listed his SSN with the number "9" as the third digit.  Therefore, he is entitled to correction of his DD Form 214 to show his SSN as "250-XX-XXXX."


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 the SSN listed on his DD Form 214 and replacing it with the SSN 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)                                         AR20110022683



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ABCMR Record of Proceedings (cont)                                         AR20110022683



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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