IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021136 


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 reflect his correct Social Security Number (SSN).

2.  The applicant states that his DD Form 214 incorrectly reflects the first three digits of his SSN as “288” when instead it should be “228.”

3.  The applicant provides a photocopy of his Department of Defense/Uniformed Services Identification Card and Identification Tags, a copy of his DD Form 214, and a statement from the Social Security Administration (SSA) indicating the first three digits of his SSN are “228.”

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 in Norfolk, VA on 19 November 1971.  He completed his training as a field wireman.

3.  His records contain a DD Form 47 (Record of Induction), dated 18 November 1971; Special Orders Number 227, issued by the Armed Forces Examining and Entrance Station, Richmond, VA, dated 19 November 1971; and a DD Form 1584 (National Agency Check Request), dated 30 November 1971.  All of these documents show the first three digits of his SSN as “228.”

4.  The applicant served until he was honorably released from active duty (REFRAD) at Fort Dix, NJ on 14 December 1973. 

5.  Item 3 (SSN) of his DD Form 214 issued at the time of his REFRAD reflects the first three digits of his SSN as “288.”

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that information entered on the DD Form 214 will be obtained from official information recorded in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the first three digits of his SSN as reflected on his DD Form 214 are incorrect has been noted and found to have merit.

2.  The evidence of record clearly shows that he was inducted with the first three digits of his SSN as “228.”  However, through an administrative oversight, his SSN was incorrectly reflected as “288.”

3.  Accordingly, it would be in the interest of justice to correct his DD Form 214 to show the first three digits of his SSN as “228.”

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. 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 first three digits of "288" and replacing it with the entry "228."

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100021136



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ABCMR Record of Proceedings (cont)                                         AR20100021136



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