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ARMY | BCMR | CY2012 | 20120010674
Original file (20120010674.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010674 


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 "XXX-XX-0709."

2.  The applicant states the last four digits of his SSN are incorrectly shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and his 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 enlisted in the Regular Army on 29 October 1965 for a period of 3 years.  At the time of his enlistment his records were prepared to reflect an SSN with the last four digits of "0709."

3.  He completed training and was transferred to Fort Campbell, Kentucky, for his first assignment.  On 27 December 1966, he was transferred to Vietnam with his unit and served until 26 December 1967 when he was transferred to Fort Bragg, North Carolina.

4.  On 20 December 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his REFRAD shows an SSN ending in the last four digits of "0790."

5.  A review of his official records shows the only SSN recorded in his records ends with the last four digits of "0709" and matches the number shown on his social security card.

6.  On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their record.  However, they were usually recorded when provided by the individual Soldier.

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his SSN is incorrectly reflected on his DD Form 214 has been noted and found to have merit.

2.  The applicant's official records clearly show he served under an SSN that ended with the last four digits of "0709" and matches the number on his social security card.  However, it appears that an administrative error was made at the time of his REFRAD and his SSN was recorded as having the last four digits of "0790."

3.  Accordingly, his DD Form 214 should be corrected to show his proper SSN.



BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 SSN from his DD Form 214 and entering the SSN 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)                                         AR20120010674



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120010674



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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