IN THE CASE OF:	

		BOARD DATE:	    14 February 2012

		DOCKET NUMBER:  AR20110015893 


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 record to show his correct social security number (SSN).

2.  The applicant states his SSN was incorrectly typed on his military record and it should show 411-XX-XXX instead of 413-XX-XXXX.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).

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 show he enlisted in the Regular Army on 20 November 1972.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) prepared during his enlistment processing lists the first three digits of his SSN as "413."  It also contains a handwritten entry which shows the third digit was changed from "3" to a "1."

3.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty that lists the first three digits of his SSN as "413."

4.  The applicant's official military personnel file (OMPF) contains some documents that list his SSN as "413-XX-XXXX" and multiple other documents that list it as "411-XX-XXXX." 

5.  His OMPF also contains a copy of his SSN card.  It shows his SSN is 
411-XX-XXXX.

6.  On 22 March 1976, the applicant was honorably released from active duty after completing 3 years of creditable active military service.  Item 3 (SSN) of his DD Form 214 lists his SSN as "413-XX-XXXX."

DISCUSSION AND CONCLUSIONS:

The applicant's OMPF contains multiple documents that list two different SSNs.  His OMPF also contains a copy of his social security card which confirms his SSN is “411-XX-XXXX.”  Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and adding the SSN as it is listed 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:

   a.  amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is listed on his social security card; and 
   
b.  issuing him a document that shows the above change.




      _______ _ 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)                                         AR20110015893



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ABCMR Record of Proceedings (cont)                                         AR20110015893



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