IN THE CASE OF:	  

		BOARD DATE:	    22 July 2010

		DOCKET NUMBER:  AR20100000260 


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 DD Form 214 (Report of Transfer or Discharge) to show his Social Security Number (SSN) as xxx-xx-xxx3.

2.  The applicant states he discovered the error recently when he applied for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides a copy of a letter from the Social Security Administration that shows his SSN as xxx-xx-xxx3.

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 was inducted into the Army of the United States on 10 January 1967.

3.  Although Army service numbers were in use at that time, where an SSN is listed on various service personnel record documents, it shows his SSN as
xxx-xx-xxx3.  These documents include a copy of his:

* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 3027 (U.S. Army Request for National Agency Check)

4.  He served for 1 year and 11 months as a civil engineering assistant and he was honorably released from active duty on 20 December 1968 in the rank/grade of specialist five (SP5)/E-5.  Item 3 (SSN) of his DD Form 214 shows the entry "xxx-xx-xxx2."

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 incorrectly shows his SSN as xxx-xx-xxx2.  It appears to be an administrative error that occurred during his separating processing.  Therefore, his DD Form 214 should be corrected to show his correct SSN of xxx-xx-xxx3.

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 


deleting from item 3 of his DD Form 214 the entry "xxx-xx-xxx2" and replacing it with the entry "xxx-xx-xxx3."



      _______ _ 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)                                         AR20100000260



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000260