BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110005195 


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) as 2xx-xx-xxxx instead of 9xx-xx-xxxx.

2.  The applicant states the SSN listed in item 3 (SSN) of his DD Form 214 is incorrect.  

3.  The applicant provides his:

* DD Form 214
* Social Security Card
* SF 502 (Clinical Record – Narrative Summary)
* Medical Board Proceedings
* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 8-118 (Medical Evaluation Board Proceedings)
* SF 88 (Report of Medical Examination), dated 28 January 1970
* SF 88, dated 9 July 1969
* SF 89 (Report of Medical History), dated 28 January 1970
* SF 89, dated 9 July 1969
* SF 601 (Immunization Record)
* SF 603 (Dental Health Record)



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 Regular Army on 13 January 1970.  The primary identification number used at the time was the Service Number (SN) which is the number listed on his DD Form 4.  The applicant was honorably discharged on    26 February 1970, for failing to meet medical fitness standards at the time of his enlistment.  

3.  His DD Form 214, item 3 (SSN) shows 9xx-xx-xxx, which is the applicant’s SN.

4.  The applicant’s record contains DD Form 1584 (National Agency Check Request), item 4 (SSN) show 2xx-xx-xxxx.

5.  The preponderance of forms contained in the applicant’s official military personnel file shows the applicant’s SSN as 2xx-xx-xxxx.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SSN listed in item 3 of his DD Form 214 is incorrect has been carefully considered and found to have merit.

2.  The evidence of record confirms the numerals shown in item 3 of his DD Form 214 are the applicant’s SN.  The applicant's SSN is correctly listed on numerous documents and forms contained in his record after 13 January 1970.  As a result, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN vice his SN.




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 "9xx-xx-xxxx" and replacing it with the entry "2xx-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)                                         AR20110005195



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ABCMR Record of Proceedings (cont)                                         AR20110005195



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