IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014772 


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 "XX9-XX-XXXX" instead of "XX5-XX-XXXX." 

2.  The applicant states his SSN was entered incorrectly when it was typed on his DD Form 214.

3.  The applicant provides copies of his social security card and 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 and entered active duty on 17 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he held while serving on active duty was specialist four/E-4.

3.  His record contains a DD Form 398 (Statement of Personal History) that was completed at the time of induction.  This form shows his SSN as "XX9-XX-XXXX."

4.  His record contains a DA Form 20 (Enlisted Qualification Record) which lists his SSN as "XX9-XX-XXXX."

5.  He was honorably released from active duty on 8 December 1967.  Item 3 (SSN) of his DD Form 214 lists his SSN as "XX5-XX-XXXX."

6.  The applicant provided a social security card that contains a name similar to his and the SSN "XX9-XX-XXXX" as evidence of his correct SSN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant consistently used SSN "XX9-XX-XXXX" throughout his period of military service.  It appears on all of his military documents with the exception of his DD Form 214.

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.  

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 his DD Form 214 to list 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)                                         AR20110014772





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ABCMR Record of Proceedings (cont)                                         AR20110014772



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