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ARMY | BCMR | CY2012 | 20120002735
Original file (20120002735.txt) Auto-classification: Approved

		

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002735 


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 a completely different social security number (SSN).

2.  The applicant states his SSN is incorrect on his DD Form 214.

3.  The applicant provides:

* A Form SSA-1099 (Social Security Benefit Statement) from the Social Security Administration (SSA) in Chicago, IL, for 2011
* His 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 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 DD Form 398 (Statement of Personal History), dated 
6 April 1966, shows his SSN as shown on his Form SSA-1099.

3.  He was inducted into the Army of the United States on 14 April 1966.  He served as a ground radar repairman in Vietnam from 1 March 1967 to 
19 February 1968.  He was honorably released from active duty on 22 February 1968 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 3 (SSN) of his DD Form 214 shows a completely different SSN from that shown on his Form SSA-1099.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 398, dated 6 April 1966, shows his SSN as shown on his Form SSA-1099.  Therefore, it would be appropriate to correct his DD Form 214 to reflect his correct SSN.

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 Form SSA-1099.


      __________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)                                         AR20120002735



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ABCMR Record of Proceedings (cont)                                         AR20120002735



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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