IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005558 


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-xx-xxx6 instead of xxx-xx-xxx8.

2.  He states that the mistake was the result of a typographical error by a clerk at the Separations Center.

3.  He provides his social security card and 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 was inducted into the Army of the United States on 4 October 1965.  He completed a DA Form 41 (Record of Emergency), dated 1 March 1966, which shows his SSN as xxx-xx-xxx6.

3.  He was released from active duty on 15 September 1967 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-xxx8.

4.  His service record contains Letter Orders Number 09-1207347, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 22 September 1971, which discharged him from the USAR Control Group (Standby), effective 3 October 1971.  The orders show his SSN as
xxx-xx-xxx6.

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

6.  He provided a copy of his social security card which shows his SSN as
xxx-xx-xxx6.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSN on his DD Form 214 was a typographical error by a clerk at the Separations Center is acknowledged and determined to have merit.

2.  His social security card and his DA Form 41 both show his SSN as
xxx-xx-xxx6.  However, his DD Form 214 is the only document the shows his SSN as xxx-xx-xxx8.

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

4.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his SSN as xxx-xx-xxx6, which he claims is correct.


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 from item 3 of his DD Form 214 the entry xxx-xx-xxx8 and replacing it with the entry xxx-xx-xxx6.



      ____________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)                                         AR20110005558



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ABCMR Record of Proceedings (cont)                                         AR20110005558



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