IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110015081 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN).

2.  The applicant states that his DD Form contains an incorrect SSN; however, his medical records and his personnel records reflect the correct SSN that is depicted by his Social Security Card.

3.  The applicant provides a letter explaining his application, a copy of his Social Security Card, a statement 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.  The applicant was inducted on 25 September 1969 and at the time of his induction he declared the same SSN as is depicted on his Social Security Card.

3.  He served under that SSN, which is depicted on numerous documents in his official records and on 25 June 1971 he was honorably released from active duty (REFRAD) due to seasonal employment.  He had served 1 year, 9 months and 1 day of active service and his DD Form 214 issued at the time of his REFRAD shows a SSN that is different from that depicted on his Social Security Card.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his SSN is incorrectly depicted on his DD Form 214 has been noted and found to have merit.

2.  The SSN depicted on his DD Form 214 is different from the actual SSN under which he was inducted and served.  Accordingly, his DD Form 214 should be corrected to show the SSN that is depicted on his Social Security Card.

BOARD VOTE:

__X___ _  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION











BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing on his DD Form 214 that his SSN is the same as that depicted 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)                                         AR20110015081





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ABCMR Record of Proceedings (cont)                                         AR20110015081



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