BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100013762 


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 social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) to show xxx-04-x instead of xxx-52-x.

2.  The applicant states the SSN on his DD Form 214 belongs to his father.

3.  The applicant provides copies of his:

* Social Security Card
* 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's military personnel records show he enlisted in the Regular Army on 17 June 1974 for 3 years.  The SSN entered on his DD form 4 (Enlistment Contract - Armed Forces of the United States) shows xxx-52-x.

3.  The applicant's Official Military Personnel File (OMPF) contains a DD Form 4187 (Personnel Action), dated 11 August 1976.   The form shows the applicant applied for a new SSN and his SSN was changed from xxx-52-x to
xxx-04-x.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows the original annotated SSN of xxx-52-x was lined through and SSN xxx-04-x was inserted in its place, presumably based on the action taken on the DD Form 4187 of record.

5.  On 16 June 1977, the applicant was released from active duty.  Item 3 (Social Security Number) of his DD Form 214 shows the SSN xxx-52-x.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN on his DD Form 214 should be changed from xxx-52-x to xxx-04-x

2.  Based on the action taken by the applicant while he was still on active duty, his DD Form 214 should be corrected to reflect the newly assigned SSN of 
xxx-04-x

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 xxx-52-x and replacing it with the entry "xxx-04-x."



      __________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)                                         AR20100013762



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013762



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1