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Decision Text

ARMY | BCMR | CY2011 | 20110024912
Original file (20110024912.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20110024912


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 the sixth digit of his social security number (SSN) as "8" instead of "7."

2.  He states his SSN is incorrect on his DD Form 214.

3.  He provides 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 enlisted in the Regular Army on 5 October 1967.

3.  A review of his military personnel records revealed the majority of the documents indicate the sixth digit of his SSN as "8," such as:

* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)
* DD Form 1584 (National Agency Check Request)
* Unit Orders Number 25, dated 12 April 1968

4.  He was released from active duty on 19 October 1971 at his expiration of term of service and transferred to the U.S. Army Reserve Control Group (Standby).

5.  His DD Form 214 shows the sixth digit of his SSN as "7."

6.  He provides a copy of his social security card which shows the sixth digit of his SSN as "8."

DISCUSSION AND CONCLUSIONS:

1.  The majority of the documents in the applicant's service record and his social security card show the sixth digit of his SSN as "8."  However, his DD Form 214 shows the sixth digit of his SSN as "7."

2.  It appears an administrative error was made at the time his SSN was recorded on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to reflect the SSN as shown on his social security card.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  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 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)                                         AR20110024500



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20110024912



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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