BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090004945 


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, that the Social Security Number (SSN) listed in item 3 (Social Security Number) of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) be corrected.   

2.  The applicant states, in effect, the second digit of his SSN is 6 and not 5 as is currently listed on his DD Form 214.   

3.  The applicant provides no documentary evidence 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 record shows he enlisted in the Regular Army and entered active duty on 30 April 1969.  The DD Form 4 (enlistment contract ) prepared during his enlistment processing lists his SSN using the number 6 as the second digit.  

3.  The DA Form 20 (Enlisted Qualification Record) prepared on the applicant on 5 May 1969, upon his entry on active duty, also lists his SSN using the number 6 as the second digit in item 1 (Name and Service Number).  

4.  All documents and orders in his Official Military Personnel File (OMPF), which include his separation orders, which were prepared on 22 April 1971, all list his SSN using the number 6 as the second digit.  

5.  On 22 April 1971, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four, after completing 1 year, 11 months, and 23 days of active military service.  The SSN entered in item 3 of this DD Form  lists his SSN using the number 5 as the second digit.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's REFRAD stipulated that the DA Form 20 and documents on file in the OMPF would be used as the source records for entries on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 4 prepared during his enlistment processing, the 
DA Form 20 prepared upon his entry on active duty, and all documents on file in his OMPF, to include his separation orders, all list the number 6 as the second digit of the applicant's SSN.  However, the applicant’s DD Form 214, issued on 22 April 1971, erroneously lists the number 5 as the second digit of his SSN.  Given the applicant's entire record shows the second digit of his SSN as 6, it is obvious the SSN entry on his DD Form 214 was the result of an administrative error.  Therefore, it would be appropriate to correct this entry accordingly.  


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 amending item 3 of his DD Form 214 by deleting the second digit of the SSN “5” and replacing it with the correct second digit of “6” and providing him a correction to his DD Form 214 that includes this change. 




      _______ _   ___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)                                         AR20090004945



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ABCMR Record of Proceedings (cont)                                         AR20090004945



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