BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110009531 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-7xxx" instead of "xxx-xx-1xxx."

2.  He states that his SSN has always been “xxx-xx-7xxx" but it was mistyped on his discharge as “xxx-xx-1xxx.”

3.  He provides:

* his DD Form 214
* Social Security card, dated 18 February 2011
* Special Orders Number 153, issued by Headquarters, 25th Infantry Division, dated 1 June 1968

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 was inducted into the Army of the United States on 19 September 1966.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number, which began with the prefix “US” to indicate he was an inductee.

3.  His record contains a DD Form 398 (Statement of Personal History) that he completed and signed on 16 September 1966.  This forms reflects his SSN as
"xxx-xx-7xxx."

4.  His record also contains a DA Form 41 (Record of Emergency Data), dated 19 October 1967.  Item 9 (SSN) reflects the entry "xxx-xx-7xxx."

5.  He submitted a copy Special Orders Number 153, dated 1 June 1968, that promoted him to sergeant (SGT)/E-5.  These orders show his SSN as
"xxx-xx-7xxx."

6.  Item 1 (Name (Last, first, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN as "xxx-xx-7xxx."

7.  He was honorably released from active duty on 8 September 1968 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in Item 3 (SSN) the entry "xxx-xx-1xxx."

8.  He provided a copy of his Social Security card that lists his SSN as
"xxx-xx-7xxx."

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for the preparation of the DD Form 214.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant was inducted into the Army of the United States with the SSN of "xxx-xx-7xxx."  There are no documents in his record that reflects an SSN other than the SSN he claims is correct.  It appears a typographical error occurred when his DD Form 214 was prepared.  Therefore, it would be appropriate to correct Item 3 of his DD Form 214 to show his SSN as "xxx-xx-7xxx."

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-1xxx" and replacing it with the entry "xxx-xx-7xxx."



      _______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)                                         AR20110009531



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ABCMR Record of Proceedings (cont)                                         AR20110009531



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