IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001941 


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 item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fourth digit of his social security number (SSN) as “5” instead of “6.”

2.  He states the SSN on his DD Form 214 is wrong.  

3.  He provides a letter from the Social Security Administration and his DD Form 214.

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 enlisted in the Regular Army on 15 March 1963.  He completed a DA Form 41 (Record of Emergency), dated 29 July 1964, which shows the fourth digit of his SSN as “5.”  

3.  The remaining documents in his service record show his service number not his SSN.  

4.  He was released from active duty on 7 March 1966.  Item 32 of his DD Form 214 shows the fourth digit of his SSN as “6.”

5.  He provided a copy of a letter from the Social Security Administration, dated 26 January 2011, which shows the fourth digit of his SSN as “5.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSN on his DD Form 214 is wrong is acknowledged and determined to have merit.

2.  His letter from the Social Security Administration and his DA Form 41 both show the fourth digit of his SSN as “5.”  However, his DD Form 214 shows the fourth digit of his SSN as “6.”

3.  It appears that an administrative error occurred when his SSN was entered on his DD Form 214.  

4.  Therefore, it would be appropriate to amend item 32 of his DD Form 214 to reflect the fourth digit of his SSN as “5” instead of “6.”  

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 32 of his DD Form 214 by deleting the entry “xxx-6x-xxxx” and replacing it with the entry “xxx-5x-xxxx.”



      _______ _   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)                                         AR20110001941





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ABCMR Record of Proceedings (cont)                                         AR20110001941



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