IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100029068 


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) with the last two digits as "56" vice "65." 

2.  The applicant states the clerk made an error. 

3.  The applicant provides his DD Form 214 and his social security card.

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 record shows he was inducted into the Army of the United States on 27 January 1971 and he held military occupational specialty 71B (Clerk Typist).  His induction documents show his SSN with the last two digits as "56."
3.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SSN with the last two digits as "56."

4.  His DA Form 873 (Certificate of Clearance and Security Determination), dated 24 June 1971, shows his SSN with the last two digits as "56."

5.  His records contain various forms and orders that list his SSN with the last two digits as "56."

6.  Headquarters, U.S. Army Personnel Center Special Orders Number 120, dated 29 April 1972, released him from active duty.  His SSN is shown with the last two digits as "56."

7.  On 29 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation.  He completed 1 year, 3 months, and 3 days of active service.  Item 3 (SSN) of his DD Form 214 shows his SSN with the last two digits as "65."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's induction documents list his SSN with the last two digits as "56."  His DA Form 20, created when he entered active duty, lists his SSN with the last two digits as "56."  In addition, his record contains various forms and orders that all list his SSN with the last two digits as "56." 

2.  In view of the foregoing it can be presumed the SSN with the last two digits as "65" which is listed on his DD Form 214 was a clerical error.  Therefore, he is entitled to the requested relief. 

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 SSN with the last two digits as "65" and adding his SSN with the last two digits as "56."



      ____________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)                                         AR20100029068





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029068



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1