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ARMY | BCMR | CY2012 | 20120005607
Original file (20120005607.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120005607 


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 the sixth digit of his Social Security Number (SSN) as "7," the seventh digit as “5,” and the eighth digit as “9.”

2.  The applicant states, in effect, his SSN on his DD Form 214 is wrong and should be corrected.

3.  The applicant provides a copy of his SSN card.

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 was inducted into the Army of the United States on 10 May 1966.

3. The applicant's Official Military Personnel File (OMPF) shows the primary identification number used at the time of his induction was a Service Number which is listed on his DD Form 47 (Record of Induction).  However, it also contains a DD Form 398 (Statement of Personal History) which lists the sixth digit of his SSN as "7," the seventh digit as “5,” and the eighth digit as “9.”

4.  On 13 May 1968, the applicant was honorably released from active duty. 
 Item 3 (SSN) of the applicant’s DD Form 214 lists the sixth digit of his SSN as "5," the seventh digit as “9,” and the eighth digit as “7.”

5.  The applicant provided his SSN card which shows the sixth digit of his SSN as "7," the seventh digit as “5,” and the eighth digit as “9.”

6.  Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant entered active duty and he served under an SSN using the sixth digit of his SSN as "7," the seventh digit as “5,” and the eighth digit as “9” as listed on the DD Form 398, as corroborated and confirmed by the SSN card provided by the applicant.  As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.

2.  In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper 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 amending item 3 of his DD Form 214 by replacing the sixth digit with a "7" the seventh digit with a “5,” and the eighth digit with a “9” as it is listed on his DD Form 398 and SSN 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)                                         AR20120005607





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120005607



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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