BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002732
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-4x-xxxx" instead of "xxx-1x-xxxx."
2. The applicant states, in effect, his SSN is incorrect on his DD Form 214.
3. The applicant provides:
* Social Security card
* 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 enlisted in the Regular Army on 1 October 1968 for a period of 2 years. His active duty orders show his SSN as "xxx-4x-xxxx."
3. He served as a light weapons infantryman in Vietnam from 3 April 1969 to
16 December 1969. He was discharged under honorable conditions on
18 December 1969. He completed 1 year, 2 months, and 2 days of total active service. The DD Form 214 he was issued at the time shows his SSN as
"xxx-1x-xxxx."
4. He provides his Social Security card that shows his SSN as "xxx-4x-xxxx."
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant's SSN as "xxx-4x-xxxx" at the time of his enlistment. He also provides his Social Security card that shows his SSN as "xxx-4x-xxxx." Therefore, it would be appropriate at this time to correct his DD Form 214 to reflect his SSN as shown on his Social Security card.
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 his DD Form 214 the current SSN 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) AR20120002732
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002732
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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