IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007445 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).

2.  The applicant states his discharge document shows a different SSN than that shown on his social security card.

3.  The applicant provides a copy of his social security card 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 was inducted into the Army of the United States on 18 January 1968.  He was released from active duty on 7 January 1970 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 47 (Record of Induction) shows his SSN as that shown on his social security card.

3.  The first five digits of the applicant's SSN as shown on his DD Form 214 are different from those shown on the social security card he provided with his application.

4.  Some of the documents in the applicant's service record reflect the SSN shown on his social security card and some of the documents reflect the SSN shown on his DD Form 214.

5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show the SSN as shown on his social security card is noted.  The evidence of record is sufficient as a basis to grant the relief requested.

2.  The applicant’s Record of Induction and other documents in his service record reflect the same SSN as that shown on his social security card.  However, the first five digits of the SSN shown on his DD Form 214 are different from those of the SSN shown on his social security card.  As a matter of equity and justice, it would be appropriate to amend item 3 of the applicant’s DD Form 214 to reflect the SSN shown on his social security card.

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 to show the SSN as shown on his social security card.



      __________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)                                         AR20100007445



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ABCMR Record of Proceedings (cont)                                         AR20100007445



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