IN THE CASE OF:	  

		BOARD DATE:	    17 November 2011

		DOCKET NUMBER:  AR20110011630 


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-XX-XXX9."

2.  He states his DD Form 214 shows the last digit of his SSN as "7," but it should show "9."

3.  He provides a handwritten note that appears to be from the Department of Veterans Affairs and 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 Regular Army for a period of 3 years on 7 June 1963.

3.  On 24 January 1964, he signed a DD Form 398 (Statement of Personal History) that shows the last digit of his SSN as "9" in the block for the SSN under item 13 (Employment).

4.  On 27 July 1964, he was honorably discharged to reenlist.  Item 32 (Remarks) of the DD Form 214 issued at that time shows the last number of his SSN as "9."

5.  On 28 July 1964, he reenlisted for a period of 3 years.

6.  His record includes multiple DA Forms 2139 (Military Pay Voucher).  A review of these records shows the last digit of his SSN was consistently entered as "9" up to the form documenting the pay period 1-30 September 1966.  That form shows the last digit of his SSN as "7."  Subsequent DA Forms 2139 do not list his SSN.

7.  He was honorably released from active duty on 19 May 1967.  Item 3 (SSN) of the DD Form 214 issued at that time shows the last digit of his SSN as "7."

8.  He provides his social security card which shows the last digit of his SSN as "9."

9.  Army Regulation 635-5 (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.  For item 3, the version in effect at the time stated to transcribe the SSN from the DA Form 2139.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the last digit of his SSN was recorded incorrectly on a DA Form 2139 and this error was transcribed onto his DD Form 214 for the period ending 19 May 1967.

2.  The record clearly shows a transcription error led to the entry of an incorrect SSN on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 19 May 1967 to show the last digit of his SSN is "9."



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 from item 3 of his DD Form 214 for the period ending 19 May 1967 and replacing it with the SSN shown on the social security card he provides.



      ___________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)                                         AR20110011630



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ABCMR Record of Proceedings (cont)                                         AR20110011630



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