IN THE CASE OF:	 

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100007077 


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 his social security number (SSN) be changed from XXX-XX-XXX0 to XXX-XX-XXX8.

2.  The applicant states the SSN shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is not correct.

3.  The applicant provides his social security card; a printout from the Social Security Administration which shows the applicant's SSN and date of birth (DOB); and his DA Form 24 (Service Record) which shows his SSN as 
XXX-XX-XXX8.

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 enlisted in the Regular Army on 26 January 1962, was awarded the military occupational specialty of military policeman, served in Okinawa, and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 12 January 1965 and transferred to the United States Army Reserve.

4.  The applicant's DD Form 214 has his military service number entered.  However, item 32 (Remarks) has "SSAN:  XXX-XX-XXX0" entered.

5.  The applicant's DA Form 24 has the SSN XXX-XX-XXX8 entered.

6.  The printout from the Social Security Administration shows an individual with the applicant's name and DOB was assigned the SSN XXX-XX-XXX8.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN was only used in his DD Form 214 and his DA Form 24.

2.  However, since the SSN which was verified by the Social Security Administration was used in one of the two forms in the applicant's military records which use an SSN, the preponderance of evidence would support the applicant's contention that the SSN on his DD Form 214 is wrong.

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 item 32 of 

the DD Form 214 of the individual concerned be corrected to show "SSAN:  
XXX-XX-XXX8."



      __________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)                                         AR20100007077



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ABCMR Record of Proceedings (cont)                                         AR20100007077



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