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ARMY | BCMR | CY2012 | 20120007419
Original file (20120007419.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	 2 August 2012 

		DOCKET NUMBER:  AR20120007419 


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 (Report of Separation from Active Duty) to show the ninth digit of his social security number (SSN) as "4."

2.  The applicant states, the SSN listed on his DD Form 214 is incorrect and it is causing him problems in applying for Department of Veterans Affairs benefits.  

3.  The applicant provides a copy his DD Form 214, SSN card, and drivers license in support of his 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 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 enlisted in the Regular Army on 31 October 1975. 
3.  The applicant’s Official Military Personnel File (OMPF) includes documents which show various SSN’s.  However, it also contains a DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) and DA Form 873 (Certificate of Clearance and/or Security Determination) which lists the ninth digit of his SSN as “4.”

4.  The applicant was released from active duty on 30 October 1978.  Item3 (Social Security Number) of his DD Form 214 shows the last digit of his SSN
as an “8.”

5.  The SSN card which the applicant provides shows the ninth digit of his SSN as “4.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant entered active duty and he served under an SSN using the ninth digit as “4” based on documents and orders in his OMPF, as corroborated and confirmed by the SSN card provided by the applicant.  It appears the SSN entry on his 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 ninth digit with a “4” as it is listed on his 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)                                         AR20120007419



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20120007419



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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