IN THE CASE OF:	  

		BOARD DATE:	  24 November 2015

		DOCKET NUMBER:  AR20150004971 


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-X7XX" instead of "XXX-XX-X9XX."

2.  He states his SSN is incorrect.

3.  He provides:

* DD Form 214
* Social security card
* Social Security Administration letter, dated 17 March 2015
* State of Illinois Department of Veterans' Affairs letter, dated 17 March 2015

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 5 December 1968.  At the time of enlistment, he was assigned a military service number that was primarily used for identification purposes.  On 4 December 1970, he was honorably released from active duty and credited with completing 2 years of total active service.

3.  A DA Form 2496 (Disposition Form), undated, contained in the applicant's military personnel file, shows the commander acknowledged that during the applicant's initial processing it was noted that a possible discrepancy existed on his Induction/Enlistment Record.  He stated the applicant's SSN should read XXX-XX-X7XX instead of XXX-XX-X9XX.

4.  His record shows that he used both SSN XXX-XX-X7XX and XXX-XX-X9XX throughout his military service.  However, the following documents in his record contain SSN XXX-XX-X7XX:

* DA Form 41 (Record of Emergency Data)
* DA Form 3327 (Individual/Organization Clothing and Equipment Record)
* DA Form 669 (General Educational Development Individual Record)
* Various orders

5.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-X9XX.

6.  His social security card, VA letter, and Social Security Administration letter show his SSN as XXX-XX-X7XX.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  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 the applicant's service number as well as both SSNs were used throughout his period of enlisted service.  However, his DA Form 41, 
DA Form 3327, DA Form 669, various orders, and social security card confirm his SSN as XXX-XX-X7XX.  




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 his SSN as it appears 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)                                         AR20150004971



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ABCMR Record of Proceedings (cont)                                         AR20150004971



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