IN THE CASE OF:  

		BOARD DATE:  20 October 2011

		DOCKET NUMBER:  AR20110009260
 

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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XXX-X3-XXXX.

2.  The applicant states his SSN shown on his DD Form 214 is not correct.

3.  The applicant provides a copy of 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 enlisted in the Louisiana Army National Guard using the SSN XXX-X3-XXXX.

3.  On 11 August 1988, he was issued orders directing him to report for initial active duty for training (IADT) on 11 August 1988.  These orders show his SSN as XXX-X2-XXXX.

4.  His records show that while he was in IADT he used the SSN XXX-X3-XXXX.

5.  On 28 October 1988, he was released from active duty after serving 2 months and 18 days.  The DD Form 214 he was issued shows the SSN XXX-X2-XXXX.

6.  The applicant provides a copy of his social security card showing his SSN as XXX-X3-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected show his SSN as XXX-X3-XXXX.

2.  The evidence of record shows the applicant enlisted and served using the correct SSN, but was released from active duty using the incorrect SSN presumably based on his IADT orders.  It would now be appropriate to correct the SSN shown on his DD Form 214.

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 


deleting the entry XXX-X2-XXXX from his DD Form 214 and replacing it with the entry XXX-X3-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)                                         AR20100017326



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ABCMR Record of Proceedings (cont)                                         AR20110009260



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