IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100007479 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
46x-xx-xxxx instead of 57x-xx-xxxx.

2.  The applicant states the first two digits of his SSN are incorrect and need to be fixed.

3.  The applicant provides a copy of his DD Form 214 and a Department of Veterans Affairs (VA) Form 70-3542d (Voucher for Cash Reimbursement of Beneficiary Travel Expenses).

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 U.S. Army Reserve (USAR) on 9 February 1981.  He completed active duty for training from 10 February 1981 to 19 June 1981.

3.  Item 3 (SSN) of his DD Form 214 for the period ending 19 June 1981 shows his SSN as 57x-xx-xxxx instead of 46x-xx-xxxx, which he claims is his correct SSN.

4.  A review of the documents in the applicant's available military personnel, medical, and finance records that contain his SSN all reflect the SSN of
46x-xx-xxxx.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 3 (SSN), verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

All documents in the applicant’s military personnel, medical, and finance records show his SSN as 46x-xx-xxxx.  However, his DD Form 214 incorrectly reflects his SSN as 57x-xx-xxxx.  It appears that an administrative error occurred in this case; therefore, it would be appropriate to amend item 3 of his DD Form 214 to reflect his correct SSN as 46x-xx-xxxx.

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 deleting from item 3 of his DD Form 214 the entry "57x-xx-xxxx" and replacing it with the entry "46x-xx-xxxx."



      ___________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)                                         AR20100007479



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ABCMR Record of Proceedings (cont)                                         AR20100007479



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