IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080012360


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 that the social security account number (SSAN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the SSAN on his DD Form 214 is incorrect because of a typographical error.

3.  The applicant provides his DD Form 214 and a copy of his SSAN 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 served in the Regular Army (RA) from 28 May 1964 through 12 May 1967.  His DD Form 214 shows his SSAN as XXX-XX-XX.

3.  The applicant's SSAN, as verified by his SSAN card, is XXX-XX-XX.

4.  The applicant's service records show no SSAN.  His enlistment contract does not show a SSAN; it shows an RA serial number.  The applicant's entrance and separation physicals use his RA serial number.  Only one document in his service record, a computer punch card (USAAC FL 825b – Department of the Army TAGO, US Army Admin Center, St. Louis, MO), shows his SSAN, and it shows the number XXX-XX-XX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSAN is XXX-XX-XX; his DD Form 214 shows his SSAN as XXX-XX-XX.

2.  The applicant's record contains only one document which reflects his SSAN and it shows XXX-XX-XX.

3.  The applicant's DD Form 214 is incorrect and should be corrected.

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 changing his SSAN from XXX-XX-XX to XXX-XX-XX.



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      _______ _   _______   ___
               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)                                         AR20080012360



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ABCMR Record of Proceedings (cont)                                         AR20080012360



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