BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021255 


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 XXX-42-XXXX.

2.  He states the SSN of XXX-43-XXXX listed on his DD Form 214 is incorrect; his SSN should be listed as XXX-42-XXXX.

3.  He provides the following:

* DD Form 214
* social security card
* Special Orders Number 28, dated 5 February 1970
* Honorable Discharge Certificate, dated 15 April 1970
* letter from the Social Security Administration, dated 20 July 2010
* verification of SSN, dated 21 July 2010

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 record shows he was inducted into the Army of the United States on 8 September 1969.  His record of induction shows his SSN as 
XXX-42-XXXX.  He was released from active duty on 6 February 1970.  He was credited with 4 months and 29 days of active service.

3.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-43-XXXX.

4.  Orders, DD Form 1584 (National Agency Check Request), DA Form 20 (Enlisted Qualification Record), and all other documents in his records show his SSN as XXX-42-XXXX.

5.  A letter from the Social Security Administration and his social security card confirm his SSN as XXX-42-XXXX.

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

DISCUSSION AND CONCLUSIONS:

The applicant's SSN when he was inducted into the Army, throughout his service, and at the time he was released from active duty was XXX-42-XXXX.  Additionally, his social security card confirms his correct SSN.  Therefore, he is entitled to correction of his DD Form 214 to show his SSN as XXX-42-XXXX.

BOARD VOTE:

___x___  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 his DD Form 214 to show his SSN as XXX-42-XXXX as it appears on his application.



      ___________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)                                         AR20100021255



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ABCMR Record of Proceedings (cont)                                         AR20100021255



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