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ARMY | BCMR | CY2012 | 20120006554
Original file (20120006554.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  30 August 2012

		DOCKET NUMBER:  AR20120006554 


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) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fifth digit of his SSN as "0" instead of "5."

2.  The applicant states, in effect, the fifth digit of the SSN listed on his 
DD Form 214 is incorrect.

3.  The applicant provides a copy of his DD Form 214 and his discharge certificate. 

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 record shows he was honorably discharged on 5 April 1966 from the Army National Guard and inducted into the Army of the United States on 6 April 1966.  He was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  The record contains a DD Form 398 (Statement of Personal History) prepared by the applicant during the induction process.  This document lists his SSN using the number “0” as the fifth digit in item 13 (Employment).  

4.  The DA Form 20 (Enlistment Qualification Record), prepared on him on 
26 August 1966, lists the SSN using the number “0” as the fifth digit in item 1 (Name and Service Number).

5.  The applicant's Official Military Personnel File (OMPF) contains Special Orders Number 76, dated 16 March 1968, assigning the applicant to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri, which show the SSN using the number “5” as the fifth digit.  

6.  The DD Form 214 issued to the applicant upon separation on 17 March 1968 lists his SSN using the number “5” as the fifth digit in item 3 (SSN).

7.  The applicant provides his honorable discharge certificate listing the number “0” as the fifth digit of his SSN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of the SSN on his DD Form 214 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant entered active duty and he served under an SSN using the number “0” as the fifth digit as listed on his 
DD Form 398, DA Form 20, and the majority of documents and orders in his OMPF.  As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.

3.  In view of the foregoing, it would be appropriate at this time to correct this
DD Form 214 as recommended below.






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 fifth digit of the SSN listed in item 3 with the number "0" as shown on his DD Form 398.




      __________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)                                         AR20120006554



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120006554



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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