BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110020196 


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-X6-XXXX" instead of "XXX-X5-XXXX." 

2.  The applicant states his SSN is incorrect.

3.  The applicant provides his DD Form 214, Michigan operator's license, and social security card.

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 DD Form 398 (Statement of Personal History) which would have listed the SSN he disclosed upon entry on active duty is not available for review with this case.

3.  He was inducted into the Army of the United States on 27 July 1966.  His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also lists his service number; it does not list his SSN.

4.  His records contain various other personnel documents, including multiple reassignment orders, award orders, and a DA Form 41 (Record of Emergency Data) that lists his SSN with the fifth digit as "6."  He authenticated some of these documents by placing his signature in the appropriate blocks.

5.  He was honorably released from active duty on 26 July 1968.  Item 3 (SSN) of his DD Form 214 shows the SSN "XXXX5-XXXX."  He authenticated this form by placing his signature in the appropriate block.

6.  He provides a copy of his social security card that shows his SSN as 
"XXX-X6-XXXX."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 398 which would have listed the SSN he disclosed upon his entry on active duty is not available for review with this case.  However, his service records contain multiple documents listing his SSN with the number "6" in the fifth digit.  It appears that when his DD Form 214 was created, it inadvertently listed the number "5" instead of the number "6" in the fifth digit.

2.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy 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.  Therefore, he is entitled to the requested relief.


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 item 3 of his DD Form 214 to show the SSN as shown on his social security card and DA Form 41.



      __________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)                                         AR20110020196



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ABCMR Record of Proceedings (cont)                                         AR20110020196



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