BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110006768 


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 correct social security number (SSN).

2.  The applicant states, in effect, the first digit of the last four digits of the SSN recorded on his DD Form 214 is incorrect and should be "0" instead of "9."

3.  The applicant provides copies of his birth certificate, Social Security Card, SSN printout, and 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 7 February 1967.  [The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.]

3.  A Processing Data Card shows for the applicant's Social Security Administration Number (SSAN) the entry to be "XXX-XX-0XXX."

4.  A DD Form 398 (Statement of Personal History), completed by the applicant on an unspecified date, shows in the SSN block that he entered "XXX-XX-0XXX."

5.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 258, dated 14 September 1968, released the applicant from active duty (REFRAD) on 14 September 1968 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The orders show the applicant's SSAN as "XXX-XX-9XXX."

6.  The applicant's DD Form 214 shows he entered active duty on 7 February 1967, was honorably REFRAD on 14 September 1968 based on early release of overseas returnee, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.

   a.  He completed 1 year, 7 months, and 8 days of net active service.

	b.  Item 3 (Social Security Number) shows "XXX-XX-9XXX."

7.  USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 01-1009256, dated 17 January 1973, honorably discharged the applicant from the USAR, effective 1 February 1973.  The orders show his SSN as "XXX-XX-0XXX."

8.  In support of his application the applicant provides, in pertinent part, the following documents.

	a.  His Social Security Card that shows his SSN is "XXX-XX-0XXX."

	b.  A Social Security Administration, SSN Printout, dated 30 March 2011, that shows he was issued SSN "XXX-XX-0XXX."


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant correctly reported his SSN upon entry into the U.S. Army on 7 February 1967.  However, upon his REFRAD, his SSN was incorrectly recorded on his DD Form 214 as "XXX-XX-9XXX."  In addition, the evidence of record shows the orders that subsequently discharged the applicant from the USAR on 1 February 1973 show his correct SSN.

2.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct 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 from item 3 of his DD Form 214 the entry "XXX-XX-9XXX" and adding the entry "XXX-XX-0XXX" (i.e., as shown on the DD Form 398).




      _______ _ 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)                                         AR20110006768



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ABCMR Record of Proceedings (cont)                                         AR20110006768



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