IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002605 


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 (Report of Separation from Active Duty)  to show the third digit of his social security number (SSN) as “3” instead of “2” as indicated on his social security card.  

2.  He did not submit any additional statements. 

3.  He provides his social security 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 enlisted in the Regular Army on 4 September 1974.  

3.  The majority of the documents in his service personnel records show the third digit of his SSN as “3” to include the following:  

* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* DD Form 1584 (National Agency Check Request)
* DA Form 41 (Record of Emergency Data)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2166-5 (Enlisted Evaluation Report) for the period covering February through August 1976
* Orders 110-10, dated 8 December 1976, promoting him to private first class
* DA Form 428 (Application for Identification Card)

4.  He was released from active duty on 2 September 1977.  Item 3 (SSN) on his DD Form 214 shows the third digit of his SSN as “2.”

5.  He provided a copy of his social security card which shows the third digit of his SSN as “3.”  

DISCUSSION AND CONCLUSIONS:

1.  The majority of the documents in his service record and his social security card show the third digit of his SSN as “3.”  However, his DD Form 214 shows the third digit as “2.”  

2.  It appears that an administrative error was made at the time his SSN was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the third digit of his SSN as “3.”    

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 the entry “xx2-xx-xxxx” from item 3 of his DD Form 214 and adding
“xx3-xx-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)                                         AR20110002605



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ABCMR Record of Proceedings (cont)                                         AR20110002605



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