IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090004244 


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 first digit of his social security number (SSN) be corrected in item 3 (SSN) of his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that the first digit of his SSN is listed incorrectly on his DD Form 214 and that it should be "4" not "2."

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 DD Form 398 (Statement of Personal History), dated 21 October 1966, shows SSN 4xx-xx-xxxx.  He enlisted in the Regular Army on 26 October 1966 for a period of 3 years.  He served as an engineer equipment repairman in Germany and Vietnam and was released from active duty on 1 September 1969 and transferred to the U.S. Army Reserve.

3.  Item 3 on the applicant’s DD Form 214 shows the first digit of SSN is "2."

4.  The majority of the applicant’s service personnel records contain a service number.  However, some of his service personnel records show SSN 
2xx-xx-xxxx and a number of his records show SSN 4xx-xx-xxxx.  His DA Form 41 (Record of Emergency Data), DA Form 3027 (U.S. Army Request for National Agency Check), DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), several service medical records, and his discharge orders show SSN 4xx-xx-xxxx.

DISCUSSION AND CONCLUSIONS:

There is a discrepancy in the first digit of the applicant’s SSN in his records.  Both SSN 2xx-xx-xxxx and 4xx-xx-xxxx are used.  However, the evidence of record shows the same SSN was used at the time of the applicant’s enlistment (DD Form 398) and separation (discharge orders).  Therefore, it would be appropriate to correct item 3 of his DD Form 214 to show the first digit of his SSN is "4."

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:

	a.  deleting the first digit in item 3 of his DD Form 214 and 

	b.  adding the entry "4" as the first digit in item 3 of his DD Form 214.



      ___________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)                                         AR20090004244



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ABCMR Record of Proceedings (cont)                                         AR20090004244



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