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ARMY | BCMR | CY2011 | 20120000835
Original file (20120000835.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000835 


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) and his DD Form 215 (Correction to DD Form 214) to show the last three digits of his social security number (SSN) as "909" vice "090."

2.  The applicant states his SSN is incorrect on these forms.

3.  The applicant provides:

* His DD Form 214
* Pages 1 and 2 of a DD Form 215, dated 18 July 1969
* A Social Security Administration (SSA) printout
* His 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's record shows he was inducted into the Army of the United States (AUS) on 15 June 1967.  He completed basic combat training and was assigned to Fort Gordon, GA, for advanced individual training (AIT).

3.  His records contain a DA Form 41 (Record of Emergency Data), dated 20 June 1967, wherein he listed his SSN with the last three digits as "909."  He authenticated this form by placing his signature in the appropriate block

4.  A DD Form 1584 (National Agency Check Request), dated 26 June 1967, shows the last three digits of his SSN as "909."

5.  A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 14 August 1967, shows the last three digits of his SSN as "909."

6.  He was injured while in AIT and was assigned to the U.S. Army Hospital, Fort Gordon, GA, in a patient status on 13 January 1968.

7.  A DA Form 199 (Physical Evaluation Board Proceedings), dated 5 September 1968, shows his SSN with the last three digits as "909."

8.  He was honorably released from active duty on 11 April 1969 and transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 20 days of creditable active service.

9.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last three digits as "090."

10.  Special Orders Number 151, dated 3 June 1969, issued by Headquarters, U.S. Army School/Training Center and Fort Gordon, Fort Gordon, GA, revoked the previous orders and show he was discharged by reason of physical disability.  The last three digits of his SSN are shown as "909."

11.  A DD Form 215 was issued on 18 July 1969.  The block titled SSN of both pages of this DD Form 215 shows his SSN with the last three digits as "090."

12.  The applicant provides a letter from the SSA, dated 9 December 2011, which indicates their records show a person with the same full name as the applicant was assigned an SSN with the last three digits as "909."  He also provides a social security card, dated 3 February 2009, that shows a person with the same full name as the applicant has an SSN with the last three digits as "909."
DISCUSSION AND CONCLUSIONS:

The evidence of record shows upon his entry into the AUS the applicant listed his SSN with the last three digits as "909."  This is the SSN he used throughout his period of service.  It appears a clerical error was made when his DD Form 214 was completed and the last three digits of his SSN were listed as "090."  This error was compounded when a DD Form 215 was completed and the last three digits of his SSN were listed as "090."  Therefore, he is entitled to the requested relief.

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:

   a.  deleting the current SSN from item 3 of his DD Form 214;
   
   b.  voiding the current DD Form 215; and 
   
   c.  amending his DD Form 214 to add the SSN as it is listed on his social security card and to add the corrections shown on his current DD Form 215.
   


      __________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)                                         AR20120000835



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ABCMR Record of Proceedings (cont)                                         AR20120000835



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