BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003740 


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 correct social security number (SSN).

2.  He states his SSN was entered incorrectly on his DD Form 214.  He maintains that his SSN should be listed as XXX-XX- instead of XXX-XX-.

3.  He provides the following:

* DD Form 214
* Virginia driver's license
* Virginia voter registration 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 21 July 1965.  His enlistment contract contains a service number instead of an SSN.  He was honorably released from active duty on 15 June 1968 after serving 2 years, 10 months, and 25 days of total active service. 

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

4.  All the documents containing a SSN in his military personnel records, including his DA Form 20 (Enlisted Qualification Record) and various orders, show his SSN as XXX-XX-.

5.  He provided his Virginia voter registration card which shows his SSN as 
XXX-XX-.

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:

It appears that an error occurred in the preparation of the applicant's DD Form 214 since all the documents in his military personnel record show his SSN as XXX-XX-.  Additionally, his voter registration card verifies his correct SSN.  Therefore, he is entitled to correction of his DD Form 214 to show his SSN as XXX-XX-.

BOARD VOTE:

________  ________  ________  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 SSN in item 3 of his DD Form 214 and adding SSN XXX-XX-.



      _______ _  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)                                         AR20110003740



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ABCMR Record of Proceedings (cont)                                         AR20110003740



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