IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011835 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the ninth digit of his SSN is "3."

3.  The applicant provides:

* social security card
* Honorable Discharge Certificate
* 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 9 December 1965.  He served as an automotive repairman in Germany and was released from active duty on 20 November 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX5."

5.  His service personnel records contain a service number.  However, the following documents show SSN "XXX-XX-XXX3":

* DA Form 41 (Record of Emergency Data)
* USAAC Form 170 (Army Reserve Personnel Data Review), dated 17 April 1968

6.  He was honorably discharged from the USAR on 8 December 1971.  His Honorable Discharge Certificate and discharge orders show SSN 
"XXX-XX-XXX3."

7.  He provided a social security card which shows his SSN as "XXX-XX-XXX3."

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence in this case supports the applicant's contention his SSN is "XXX-XX-XXX3."

2.  Since it is reasonable to presume a typographical error occurred on his DD Form 214, his social security card is accepted as sufficient evidence with which to correct his DD Form 214 to show SSN "XXX-XX-XXX3."

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 it is 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)                                         AR20110011835





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ABCMR Record of Proceedings (cont)                                         AR20110011835



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