IN THE CASE OF:	   

	BOARD DATE:	  28 August 2008

	DOCKET NUMBER:  AR20080009291 


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 military records to show his correct social security number.

2.  The applicant states that his social security account number (SSAN) was incorrectly entered on his Armed Forces of the United States Report of transfer or Discharge (DD Form 214). 

3.  The applicant provides a copy of his DD Form 214 and a letter from the Social Security Administration dated 27 May 2008.

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.  On 5 May 1966, the applicant was inducted into the Army of the United States for 2 years.  At that time, Soldiers were assigned a service number.  Social security numbers were not yet in use.

3.  Special Orders Number 5, 34th Engineer Group, dated 6 February 1968, awarded the applicant the Good Conduct Medal.  On the standard name line of this order, the applicant is identified by both his Army service number and a social security number of  ### - 72 - ####.

4.  Special Orders Number 61, paragraph 258, United States Army Personnel Center, Oakland, California, dated 1 March 1968, show that the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 1 March 1968.  These orders show the applicant’s social security number as ### - 72 - ####.

5.  Item 3 (Social Security Number) of the applicant’s DD Form 214, shows ### - 22 - ####.

6.  The letter from the Social Security Administration dated 27 May 2008, provided by the applicant, shows his social security number as ## - 72 - ####.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant’s social security number during his period of service was ### - 72 - ####, and that it was incorrectly entered on his DD Form 214 as ### - 22 - ####. 

2.  In view of the above, the applicant’s request should be granted.

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 showing in Item 3 (Social Security Number) of his DD Form 214, that his social security number is ### - 72 - ####.





__________ _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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080009291



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