BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100017533 


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 social security number (SSN) as “***-**-” instead of “***-**-.”

2.  He states his DD Form 214 shows the wrong SSN.  

3.  He provides the following documents in support of his application:

* DD Form 214
* Social Security Card
* Driver’s License [Georgia]
* Diploma from the U.S. Army Transportation School, Airframe Repair Course
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Department of Veterans Affairs Identification Card

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 20 February 1969 and he was discharged on 27 February 1969 for immediate enlistment.   

3.  He enlisted in the Regular Army on 28 February 1969 for a period of three years.  

4.  A review of the documents contained in his military personnel records show his SSN as both “***-**-” and “***-**-” on several documents dated throughout his tenure of service, such as the following:

* Special Orders Number 36, dated 20 February 1969
* DD Form 1584 (National Agency Check Request)
* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Diploma from the U.S. Army Transportation School, Airframe Repair Course (MOS 68G2O), dated 31 July 1969

5.  He was released from active duty on 13 December 1971.  Item 3 (SSN) on his DD Form 214 shows his SSN as “***-**-.”

6.  He provides a copy of his Social Security Card and driver’s license which show his SSN as “***-**-.”

7.  He subsequently served in the Army National Guard from 25 September 1986 through 25 September 1993.  His NGB Form 22 shows his SSN as “***-**-.”

8.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as “***-**-” was carefully considered and determined to have merit.

2.  Although the applicant's SSN appears as both “***-**-” and “***-**-” in his military personnel records, his social security card shows his SSN is 
“***-**-.”  Therefore, he is entitled to have his DD Form 214 corrected to show his SSN as “***-**-.”

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 “***-**-” and adding the entry “***-**-.”




      _______ _   _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)                                         AR20100017533



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ABCMR Record of Proceedings (cont)                                         AR20100017533



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