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Decision Text

ARMY | BCMR | CY2011 | 20110023812
Original file (20110023812.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110023812 


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-xxx8" instead of "xxx-xx-xxx6."

2.  The applicant states his DD Form 214 contains a discrepancy with respect to his SSN.

3.  The applicant provides his:

* DD Form 214
* Special Orders Number 180, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 9 September 1969
* Social Security card
* Certified Record 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.  Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as
"xxx-xx-xxx8."  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the RA on 12 September 1966 for a period of 3 years.  His
DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his assigned Service Number; it did not list his SSN.

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his SSN as "xxx-xx-xxx8."

5.  His record contains various personnel, medical, and other documents that listed his SSN as "xxx-xx-xxx8."  Other than his DD Form 214, his record does not contain any documents that list his SSN as "xxx-xx-xxx6."

6.  He was honorably released from active duty on 11 September 1969 at the expiration of his term of service.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-xxx6."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, 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:

1.  The applicant contends his DD Form 214 should be corrected to show his correct SSN.

2.  The evidence of records shows that prior to his enlistment, he listed his SSN as "xxx-xx-xxx8."  This SSN is consistent with the SSN used on various other documents in his military record.  It appears an administrative error occurred when his DD Form 214 was prepared that lists his SSN as "xxx-xx-xxx6," which 

is the only document in his available record with such an SSN.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct 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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the 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)                                         AR20110023812



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ABCMR Record of Proceedings (cont)                                         AR20110023812



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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