IN THE CASE OF:	  

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130001516 


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 the seventh digit of his social security number (SSN) as "1" instead of "7."

2.  He states he didn't notice the error in the SSN listed on his DD Form 214 until the Department of Veterans Affairs Medical Center pointed it out to him.  

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 enlisted in the Regular Army on 10 June 1966 and he was released from active duty on 9 June 1969.  His DD Form 214 shows the seventh digit of his SSN as "7."

3.  During the applicant's service a majority of the documents in his military service record reflected his assigned military service number.  However, his record contains three documents which indicate the seventh digit of his SSN as "1":

* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
* Assignment Memorandum Number 12, dated 17 January 1968

4.  He provided a copy of his social security card which shows the seventh digit of his SSN as "1."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 10 June 1966.  At that time, a military service number was assigned for the purpose of identification.  

2.  However, his military personnel record contains documents that show the seventh digit of his SSN as "1."  The social security card provided by the applicant also confirms the seventh digit of his SSN as "1."  Therefore, his DD Form 214 should be amended to list the SSN as it is listed on the social security card.

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 his DD Form 214 to show the SSN that is listed 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)                                         AR20130001516





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ABCMR Record of Proceedings (cont)                                         AR20130001516



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