IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120004893
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his SSN is X45-XX-XX05.
3. He provides his social security card and 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 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. On 1 September 1966, the applicant enlisted in the Regular Army.
3. A review of his record shows that, with the exception of his DD Form 214, all documents bearing his SSN show X45-XX-XX05.
4. On 12 August 1969, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows the entry "X54 XX XX45."
5. He provides his social security card, which shows his SSN is X45-XX-XX05.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served under the SSN shown on his social security card, and an error was made in entering his SSN on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. He served under the SSN shown on his social security card. Therefore, it would be appropriate to correct his DD Form 214 to reflect this SSN.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to reflect 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) AR20120004893
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