IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012806 


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-3XXX" instead of "XXX-XX-2XXX." 

2.  The applicant states his SSN is incorrect.

3.  The applicant provides two letters from the Army Review Boards Agency and a letter from the Social Security Administration.

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.  Prior to induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "3" as the sixth digit of his SSN.

3.  All of the documents in his military record list "3" as the sixth digit of his SSN, including his separation orders.

4.  His DD Form 214 lists "2" as the sixth digit of his SSN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant consistently used an SSN with a "3" as the sixth digit throughout his period of military service.  It appears his DD Form 214 inadvertently listed his SSN with a "2" as the sixth digit. 

2.  For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show the same SSN at the time of separation.  He should also be issued a replacement discharge certificate with the correct SSN.

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 listing his SSN as it shown on his DD Form 398.



      _______ _   __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)                                         AR20110005865



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ABCMR Record of Proceedings (cont)                                         AR20110012806 



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