IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120005541
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) that is listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he thinks a typographical error occurred, because his
DD Form 214 incorrectly lists his SSN as "X7X-XX-XXXX" and it should be listed as "X3X-XX-XXXX." He needs a new DD Form 214 with the correct SSN. He applied for an Illinois Veteran Grant (IVG) to attend college and his eligibility was questioned.
3. The applicant provides copies of DD his Form 214 and IVG Program Application.
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 military records show he was inducted into the Army of the United States (AUS) on 21 May 1963. At the time of induction he was assigned and identified by a service number which began with the prefix "US" for United States.
3. His record contains a DD Form 47 (Record of Induction), dated 21 May 1963, and a DA Form 20 (Enlisted Qualification Record), dated 8 August 1967, which do not list an SSN.
4. His record also contains the following documents that list the SSN he requests to be added to his DD Form 214:
a. DD Form 398 (Statement of Personal History), dated 14 April 1965; and
b. DA Form 41 (Record of Emergency Data), which was reviewed by the applicant on 24 April 1965.
5. On 20 May 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214, Item 32 (Remarks), lists his SSN as "X7X-XX-XXXX."
6. He provides a copy of an IVG Program Application, dated 2 March 2012, which lists his SSN as "X3X-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
The available evidence shows at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DD Form 398 and DA Form 41 list the SSN that he requests to be shown on his DD Form 214. These documents are accepted as evidence sufficient to correct his DD Form 214 to show his SSN as "X3X-XX-XXXX."
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 deleting the current SSN entry from the applicant's DD Form 214 and adding the SSN entry as it is listed on his DA Form 41.
___________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.
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