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ARMY | BCMR | CY2012 | 20120009820
Original file (20120009820.txt) Auto-classification: Approved

		

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009820 


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) with the fourth digit as "3" vice "2."

2.  The applicant states his SSN was listed incorrectly on his DD Form 214.

3.  The applicant provides his DD Form 214 and a 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's records contain a DD Form 47 (Record of Induction), dated 25 March 1968, that shows his SSN with the fourth digit as "3."

3.  He was inducted into the Army of the United States on 3 July 1968 and he held military occupational specialty 67U (CH-47 Helicopter Repairman).

4.  His record contains a DA Form 428 (Application for Identification Card), dated 4 July 1968, wherein his SSN is shown with the fourth digit as "3."

5.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the fourth digit as "2."

6.  A DA Form 41 (Record of Emergency Data), dated 10 July 1968, shows his SSN with the fourth digit as "3."

7.  His record contains several personnel, finance, and medical documents, including several award and assignment orders that all show his SSN with the fourth digit as "3."

8.  Special Orders Number 75, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 16 March 1970, released him from active duty effective 16 March 1970.  These orders show his SSN with the fourth digit as "3."

9.  He was honorably released from active duty on 16 March 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 8 months, and 14 days of total active service.

10.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the fourth digit as "2."

11.  The applicant provides a social security card, issued on 26 April 2012, that bears the same full name as the applicant.  This card shows the same SSN with the fourth digit as "3."

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant's SSN was listed with the fourth digit as "3" upon his induction into the Army and this was the SSN he was used throughout his military service.  It appears an administrative error occurred during the preparation of his DA Form 20 and this error was compounded when his DD Form 214 was prepared with his SSN listed with the fourth digit as "2."  Therefore, it would be appropriate at this time to correct his 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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown 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)                                         AR20120009820



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ABCMR Record of Proceedings (cont)                                         AR20120009820



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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