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ARMY | BCMR | CY2012 | 20120007309
Original file (20120007309.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120007309 


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 his Social Security Number (SSN) as "x67-xx-xxxx" instead of "x76-xx-xxxx."

2.  The applicant states the second and third digits of his SSN are reversed.

3.  The applicant provides:

* DD Form 214
* Special Orders Number 134 
* Social Security 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                  27 September 1966.

3.  Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), completed at the time of his induction processing, lists his SSN as
"x67-xx-xxxx."

4.  On 18 July 1968, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 9 months, and 22 days of total active service.  Item 3 (SSN) of the DD Form 214 he was issued at the time lists his SSN as "x76-xxx-xxxx."

5.  On 29 October 1968, subsequent to the applicant's transfer to the USAR, a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review) was prepared and verified by the applicant.  This document shows in part:

A.  DATA ITEM
B. INFORMATION NOW ON FILE
C.  MAKE NECESSARY
   CORRECTION OR CHANGE
1.  SOCIAL SECURITY
     ACCOUNT NO
                    
x76-xx-xxxx
x67-xx-xxxx
6.  This form further shows the applicant's records were coded on 19 November 1968 to show his correct SSN.  However, there is no evidence that shows his
DD Form 214 was corrected to reflect this correction.  All subsequent orders in his record show his correct SSN.  

7.  The applicant provides a copy of his social security card which shows his SSN as "x67-xx-xxxx."

8.  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 applicant's contention that his DD Form 214 should be corrected to show his SSN as "x67-xx-xxxx" instead of "x76-xx-xxxx" was carefully considered and determined to have merit.
2.  The applicant's SSN appears as "x67-xx-xxxx" on his DD Form 398 that was completed upon his induction and on all documents and forms contained in his record after 19 November 1968.  As a result, it would be appropriate to correct item 3 of the DD Form 214 to show 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 the current entry from item 3 of his DD Form 214 and replacing it with the entry found 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)                                         AR20120007309



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120007309



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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