IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110006184 


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 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show the fourth and fifth digits as “78” instead of the number "82.” 

2.  The applicant states his SSN was incorrectly typed on his DD Form 214.

3.  He provides his DD Form 214, a copy of his social security card, and a letter from the Social Security Administration.

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 records show he enlisted in the Regular Army on 23 February 1978.  His enlistment contract shows the fourth and fifth digits of his SSN as “78.”

3.  His records contain various documents, including an Application for Identification Card and a Record of Emergency Data, that show the fourth and fifth digits of his SSN with the numbers “78.”

4.  He was honorably discharged on 7 December 1978.  Item 3 of the DD Form 214 shows his SSN as "xxx-82-xxxx."

5.  The applicant submitted a copy of a social security card and a letter from the Social Security Administration which both show his SSN as "xxx-78-xxxx."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant’s SSN as xxx-78-xxxx and this is the SSN that he consistently used throughout his military career.  

2.  Therefore, he is entitled to correction of his DD Form 214 to show the correct SSN.

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 3 of his DD Form 214 to show his SSN as "xxx-78-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)                                         AR20110006184



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ABCMR Record of Proceedings (cont)                                         AR20110006184



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