IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20090000652 


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, in effect, that the fourth digit in item 3 (Social Security Number) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.  

2.  The applicant states, in effect, that the fourth digit of his SSN is "9" not "4."  

3.  The applicant provides a copy of his Social Security card, a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), and a copy of his DD Form 214 in support of his application. 

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 1979 enlistment contract shows the fourth digit of his SSN is "9."  He enlisted in the Regular Army on 17 July 1979, served as a construction engineer supervisor, and remained on active duty through continuous reenlistments until he retired on 31 May 1995 in the rank of staff sergeant.

3.  Item 3 on the applicant’s DD Form 214 shows the fourth digit of his SSN is "4." 

4.  The applicant’s service personnel records, including his Record of Emergency Data and Application for Voluntary Retirement, show the fourth digit of his SSN is "9."    

5.  In support of his claim, the applicant provided a copy of his Social Security card which shows the fourth digit of his SSN is "9."  

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant’s fourth digit of his SSN is "9."  Therefore, it would be appropriate to correct item 3 on his DD Form 214.

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: 

	a.  deleting the fourth digit in item 3 on his DD Form 214; and 






	b.  adding the entry "9" as the fourth digit in item 3 on his DD Form 214.




      _______ _   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)                                         AR20090000652





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ABCMR Record of Proceedings (cont)                                         AR20090000652



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