BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002881 


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 "x3x-xx-xxxx" instead of "x0x-xx-xxxx."

2.  The applicant states his SSN is incorrect on his DD Form 214.

3.  The applicant provides a copy of his social security card, his DD Form 214, and a letter from the Department of Veterans Affairs (VA), dated 28 October 2011.

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 10 January 1968.  His DD Form 398 (Statement of Personal History) and DD Form 4 (Enlistment Contract) both  show his SSN as "x3x-xx-xxxx."

3.  His record contains a DD Form 1584 (National Agency Check Request) which shows his SSN as "x3x-xx-xxxx."

4.  On 31 December 1969, he was honorably released from active duty.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "x0x-xx-xxxx."

6.  The applicant provided a copy of his social security card that contains his name and the SSN of "x3x-xx-xxxx."

DISCUSSION AND CONCLUSIONS:

The applicant's record shows he enlisted under and consistently used the SSN of "x3x-xxxx" throughout his period of military service.  It appears his SSN was incorrectly entered on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to reflect his correct SSN.

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 current entry and replacing it with the social security number as shown on his social security card.



      _______ _  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)                                         AR20120002881





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ABCMR Record of Proceedings (cont)                                         AR20120002881



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