IN THE CASE OF:  	  

		BOARD DATE:  5 January 2016	  

		DOCKET NUMBER:  AR20150005968 


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-X2-XXXX vice XXX-X6-XXXX.

2.  The applicant states his DD Form 214 has an incorrect SSN. 

3.  The applicant provides his 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 (AUS) on 9 April 1968.  He completed a DD Form 398 (Statement of Personal History) on 9 April 1968 wherein he listed his SSN with the fifth digit as 6.

3.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the fifth digit as 6.  

4.  His record contains orders, personnel, medical, and legal documents that all show his SSN with the fifth digit as 6.

5.  On 23 September 1969, he completed a DA Form 41 (Record of Emergency Data) wherein he listed his SSN with the fifth digit as 2.

6.  He was honorably released from active duty on 12 January 1970 and he was transferred to the U.S. Army Reserve.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the fifth digit as 6.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant listed his SSN with the fifth digit as 6 upon induction in the AUS.  This is the SSN that was used throughout most of his military service.  However, he completed a DA Form 41 on 23 September 1969 wherein he listed his SSN with the fifth digit as 2.  It appears an error occurred when he completed several of his records inadvertently listing his SSN with the fifth digit as 6.

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 by deleting the SSN listed in item 3 and replacing it with the SSN as shown on his DA Form 41.



      _______ _   _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)                                         AR20150005968



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ABCMR Record of Proceedings (cont)                                         AR20150005968



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