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ARMY | BCMR | CY2012 | 20120012566
Original file (20120012566.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE: 10 January 2013

		DOCKET NUMBER:  AR20120012566 


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 x5x-xx-xxxx instead of x2x-xx-xxxx.

2.  The applicant states the SSN on his DD Form 214 is incorrect; there was a clerical error when his DD Form 214 was prepared.

3.  The applicant provides a copy of 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 23 January 1968.  At that time, Soldiers were assigned Army service numbers.

3.  His record contains the following documents showing his SSN as x5x-xx-xxxx, the number he claims is correct:

* private first class/E-3 appointment orders
* specialist four/E-4 promotion orders
* relief from active duty orders
* DA Form 20 (Enlisted Qualification Record) 

4.  He was honorably released from active duty on 16 January 1970.  He had completed 1 year, 11 months, and 24 days of total active service.  His DD Form 214 shows in item 3 (SSN) his SSN as x2x-xx-xxxx.

5.  There are no documents in his available record, other than the DD Form 214, that show his SSN as x2x-xx-xxxx during his active duty service.

6.  The applicant provides a Social Security card bearing his same name that reflects an SSN of x5x-xx-xxxx.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

The applicant's record contains several documents that show he used the same SSN as it appears on his Social Security card during his active duty service.  It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in an incorrect SSN being listed.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his Social Security card.








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 from item 3 of his DD Form 214 the current SSN 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)                                         AR20120012566 



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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