IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110014294 


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 social security number (SSN) shown on his DA Form 1577 (Authorization for Issuance of Awards).

2.  He states that his SSN should be shown as XXX-58-XXXX.  He noticed the fifth digit "8" was missing from his SSN on this form.

3.  He provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and DA Form 1577.

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available evidence shows he was inducted into the Army of the United States on 21 October 1943 and he entered active service on 11 November 1943. At the time of entry on active duty he was assigned and he was identified throughout his period of military service with an Army service number.

4.  He was honorably discharged from active duty on 12 May 1946.

5.  His SSN is not listed on his WD AGO Form 53-55.

6.  On 31 January 1991, he was issued a DA Form 1577 listing his authorized awards.  This form shows his SSN as XXX-5-XXXX.

7.  His available records contain a Veteran Identification Data Sheet, dated 14 June 2011, which shows the fifth digit of his SSN as "8."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that at the time of the applicant's induction and at the time of his release from active duty he was assigned and served under the Army service number listed on his WG AGO Form 53-55.  

2.  In January 1991, he was issued a DA Form 1577 which did not reflect the fifth digit in his SSN.  It appears the SSN shown on this form contains a typographical error.  Therefore, his DA Form 1577, dated 31 January 1991, should be corrected at this time to show his SSN as "XXX-58-XXXX" as shown on his Veteran Identification Data Sheet, dated 14 June 2011.

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 the applicant's DA Form 1577, dated 31 January 1991, to show the SSN as shown on his Veteran Identification Data Sheet.  



      __________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)                                         AR20110014294



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ABCMR Record of Proceedings (cont)                                         AR20110014294



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