IN THE CASE OF:	  

		BOARD DATE:	    8 September 2011

		DOCKET NUMBER:  AR20110004277 


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 as "XXX-XX-XXX9" instead of "XXX-XX-XXX0."

2.  The applicant states, in effect, that a typographical error resulted in the incorrect social security number being entered on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and 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 social security card issued by the Social Security Administration shows his social security number as "XXX-XX-XXX9."
3.  The applicant enlisted in the Regular Army on 1 July 1964, before the social security number was used for member identification.  No document in his records except his DD Form 214 contains a social security number.

4.  The applicant was honorably released from active duty on 23 June 1967.  His DD Form 214 shows his social security number as "XXX-XX-XXX0."

5.  Records show the applicant completed a USAAC Form 170 (Army Reserve Personnel Data Review) in November 1967, in an attempt to have his social security number corrected along with other pertinent information.  The form shows the applicant's records were coded on 2 January 1968 to show his correct social security number as "XXX-XX-XXX9."  However, there is no evidence that shows his DD Form 214 was corrected to reflect this change.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldier's upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show his social security number as "XXX-XX-XXX9" was carefully considered and determined to have merit.

2.  Evidence from the Social Security Administration shows his social security number as "XXX-XX-XXX9."  Additionally, evidence shows the applicant attempted to get his social security number changed in November 1967 by completing a USAAC Form 170.  Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "XXX-XX-XXX9." 

BOARD VOTE:

____X___  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to show his social security number as 
"XXX-XX-XXX9."



      _______ _   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)                                         AR20110004277



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004277



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1