IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002164
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-XX4X."
2. The applicant states:
* His DD Form 214 shows an incorrect SSN
* His SSN is "XXX-XX-XX4X"
* He believes the SSN on his DD Form 214 is a typographical error
3. The applicant provides:
* DD Form 214
* Social security card
* Letter, dated 20 October 2011, from the Social Security Administration in Cleveland, OH
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 was inducted into the Army of the United States on 5 March 1969. He served as a cook and was honorably released from active duty on
4 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX8X."
4. His DD Form 1584 (National Agency Check Request), dated 14 March 1969, and his DA Form 20 (Enlisted Qualification Record) show his SSN as
"XXX-XX-XX4X."
5. He provides a copy of his social security card and a letter from the Social Security Administration in Cleveland, OH, which show his SSN as
"XXX-XX-XX4X."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 1584 and DA Form 20 show his SSN as
"XX2-XX-XX4X." Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as "XXX-XX-XX4X."
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) AR20120002164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002164
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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