BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005929 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XXX-XX-X4XX" instead of "XXX-XX-X1XX."

2.  The applicant states:

* His SSN is incorrect on his DD Form 214
* The seventh digit of his SSN should be "4" 

3.  The applicant provides:

* Two applications
* Social security card
* Florida driver license
* 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.  He was inducted into the Army of the United States on 6 December 1965.  He served in Vietnam and was released from active duty on 15 September 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-X1XX."

4.  His personnel records contain his service number.  However, the following documents show SSN "XXX-XX-X4XX":

* DA Form 20 (Enlisted Qualification Record) audited by the applicant on 
     10 December 1965 and 19 April 1967 
* DA Form 41 (Record of Emergency Data)

5.  He was honorably discharged from the USAR on 5 December 1971.  His SSN is shown as XXX-XX-X1XX on these orders.     

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SSN as "XXX-XX-X4XX" on 
10 December 1965, four days after his induction.  Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.

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 the entry "XXX-XX-X1XX" from item 3 of his DD Form 214 and replacing it with the entry "XXX-XX-X4XX."



      _______ _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)                                         AR20110005929





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ABCMR Record of Proceedings (cont)                                         AR20110005929



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