IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080010023 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, in effect, correction to the social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that his social security number is incorrectly shown on his DD Form 214. The seventh and eighth digits of his social security number are a "2" and "3" and not a "5" and "5, as shown on his DD Form 214. He further states that a mistake was made by the clerk when he was mustering out at Fort Lewis, Washington, and he did not notice it at the time. His DD Form 214 has been in a bank box for 40 years and it was not noticed until he went to sign up for VA (Veterans Administration) benefits in May 2008. He also states that his Letter Orders for his discharge have his correct social security number on it. 3. In support of his application, the applicant provides copies of his DD Form 214, his discharge Letter Orders, his Social Security Card, and a notification from the Social Security Administration. 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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 28 December 1965. At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix "US". 3. The applicant's records contain a DA Form 41 (Record of Emergency Data), dated 28 December 1965, that lists the same social security number as shown on the applicant's social security card. 4. The applicant was honorably released from active duty on 23 November 1967, as an Overseas Returnee and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training). 5. Item 2 (Service Number), of the applicant's DD Form 214, shows the number with which he was identified throughout his service in the Army. Item 3 (Social Security Number), shows the seventh and eighth digits of his social security number as a "5" and "5." 6. The applicant was issued Letter Orders Number 12-1318582, dated 15 December 1971, announcing his discharge from the USAR on 27 December 1971. These orders list the same social security number as shown on the applicant's social security card. 7. The applicant provided a notification from the Social Security Administration, Abilene, Texas, dated 17 July 2008, that state records indicate the social security number listed on the social security card is assigned to the applicant. . DISCUSSION AND CONCLUSIONS: 1. The applicant is entitled to correction to his social security number on his DD Form 214. The seventh and eighth digits were erroneously entered as “5” and “5.” The evidence of record and documentation submitted with the application shows the seventh and eighth digits of the social security number should be a “2” and “3.” Therefore, it is concluded that the seventh and eighth digits of the social security number shown on his DD Form 214 should be corrected to show a “2” and “3.” 2. In view of the foregoing, the applicant’s records should be corrected as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ 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 on the DD Form 214 of the individual concerned the seventh and eighth digits of the social security number as a “2” and “3”; and providing him a corrected separation document that includes these corrections. _______ _ 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) AR20080010023 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010023 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1