IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001083
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 "0XX-3X-9XXX."
2. The applicant states his SSN is "0XX-3X-9XXX."
3. The applicant provides:
* A letter, dated 9 January 2012, from the Social Security Administration
* Social security card
* Orders, dated 6 August 1968
* 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 applicants 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 applicants 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
6 October 1965, shows his SSN as "0XX-3X-9XXX."
3. He was commissioned a second lieutenant in the U.S. Army Reserve on
23 August 1966 and he entered active duty. He served as a financial disbursing officer and he was released from active duty in the rank of first lieutenant on
22 August 1968.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "0XX-2X-2XXX."
5. He provides documentation from the Social Security Administration in Clifton, NJ, and a copy of his social security card which show his SSN as "0XX-3X-9XXX."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398, dated 1965, shows his SSN as "0XX-3X-9XXX." Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as "0XX-3X-9XXX."
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 the current SSN entry from 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) AR20120001083
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ABCMR Record of Proceedings (cont) AR20120001083
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