IN THE CASE OF:	  

		BOARD DATE:	  3 October 2011

		DOCKET NUMBER:  AR20110010097 


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 the seventh and eighth digits of his social security number (SSN) as "60" instead of "06."

2.  He states the SSN shown on his DD Form 214 is wrong.

3.  He provides a letter from the Social Security Administration, his social security card, his DD Form 214, and a letter from the Army Board for Corrections of Military Records (ABCMR).

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 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 4 September 1970.

3.  His service personnel records contain only two documents, a DA Form 41 (Record of Emergency Data) and a DD Form 398 (Statement of Personal History), which show the seventh and eighth digits of his SSN as "60."  The remaining documents show the seventh and eighth digits of his SSN as "06."

4.  He was discharged on 21 September 1972.  Item 3 (SSN) of his DD Form 214 shows the seventh and eighth digits of his SSN as "06."

5.  He provides a copy of his social security card and a letter from the Social Security Administration which both show the seventh and eighth digits of his SSN as "60."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's social security card and letter from the Social Security Administration both show the seventh and eighth digits of his SSN as "60."  His DA Form 41 and DD Form 398 match the SSN on these documents.

2.  However, his DD Form 214 shows the seventh and eighth digits of his SSN as "06."

3.  It appears an administrative error was made at the time his SSN was recorded on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the SSN as indicated on his social security card.

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 


amending item 3 of his DD Form 214 to list his SSN as shown on his social security card.



      ____________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)                                         AR20110010097



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ABCMR Record of Proceedings (cont)                                         AR20110010097



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