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Decision Text

ARMY | BCMR | CY2012 | 20120020224
Original file (20120020224.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120020224 


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 Honorable Discharge Certificate to show his social security number (SSN) as "XXX-XX-XX15."

2.  The applicant states his SSN is incorrect on his Honorable Discharge Certificate.

3.  The applicant provides his Honorable Discharge Certificate, discharge orders, and a letter from the Department of Veterans Affairs.

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 show he enlisted in the U.S. Army Reserve (USAR) on 19 March 1969.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 19 March 1969, shows his SSN as "XXX-XX-XX15."

3.  His records contain numerous personnel, finance, and medical documents, that all show his SSN as "XXX-XX-XX15."  He served through multiple reenlistments and/or extensions and attained the rank/grade of sergeant (SGT)/E-5 on 28 June 1976.

4.  Headquarters, First U.S. Army, Fort George G. Meade, MD, Orders 31-220, dated 7 March 1978, honorably discharged him from the USAR effective 18 March 1978.  These orders show his SSN as "XXX-XX-XX15."

5.  The applicant provides his Honorable Discharge Certificate that shows he was honorably discharged from the USAR in the rank of SGT on 18 March 1978.  This certificate shows his SSN as "XXX-XX-XX51."

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant's SSN was recorded as 
"XXX-XX-XX15" upon his enlistment in the USAR.  This is the SSN he used throughout his Reserve service.  The orders discharging him from the USAR effective 18 March 1978 show his SSN as "XXX-XX-XX15."  It appears that an administrative error was made when his Honorable Discharge Certificate was prepared listing his SSN as "XXX-XX-XX51."  Therefore, it would be appropriate to reissue him a discharge certificate 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 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 issuing him an Honorable Discharge Certificate that shows his SSN as shown on Orders 31-220.



      _______ _   _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)                                         AR20120020224



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ABCMR Record of Proceedings (cont)                                         AR20120020224



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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