IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011607 


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 social security number (SSN) as xxx-8x-xxxx.

2.  The applicant states that due to an error that was made in good faith, his SSN on his DD Form 214 is shown as xxx-3x-xxxx instead of xxx-8x-xxxx.

3.  The applicant provides a copy of his 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.  The applicant was inducted into the Army of the United States on 5 March 1970.  He completed training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  At the time of his induction he was issued a military service number that was initially used as his identification number instead of his SSN.

4.  His official military personnel file (OMPF) contains the following documents bearing the SSN the applicant claims is correct:

* DD Form 398 (Statement of Personal history), dated 4 March 1968
* DD Form 1584 (National Agency Check Request), dated 8 March 1968
* DA Form 41 (Record of Emergency Data), dated 1 April 1969
* Special Orders Number 180, issued by Headquarters, 1st Battalion, 92nd Artillery, dated 15 October 1969, promoting him to specialist five (SP5)/
E-5
* DA Form 428 (Application for Identification Card), dated 31 October 1969
* Special Orders Number 56, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 25 February 1970, releasing him from active duty (REFRAD)

5.  The applicant was honorably REFRAD on 26 February 1970 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 22 days of total active service.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows the entry "xxx-3x-xxxx."

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 3, check records with separatee's social security card when possible.  Otherwise, verify the accuracy of the SSN of record.

DISCUSSION AND CONCLUSIONS:

All of the documents in the applicant's OMPF bearing an SSN, except his
DD Form 214, show the SSN that he claims is correct.  It appears the applicant's SSN was incorrectly entered on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same number as on his REFRAD orders.

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 current SSN entry and replacing it with the SSN as shown on his separation orders.



      ____________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)                                         AR20110011476



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ABCMR Record of Proceedings (cont)                                         AR20110011607



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