IN THE CASE OF:	  

		BOARD DATE:	      17 April 2012

		DOCKET NUMBER:  AR20110021243 


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 the social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he received a new SSN after he was released from active duty.  He was ticketed by the police, who discovered there were two people with the same SSN.  It took Congress 5 years to give him a new SSN.

3.  He provides his DD Form 214, a letter from a Member of Congress, letters from a veterans service officer, a Social Security Administration SSN Printout, and his 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.  On 9 April 1987, the applicant enlisted in the Indiana Army National Guard (INARNG).  

3.  His DD Form 214 shows he served on active duty from 18 August 1987 to    26 January 1988 to complete initial entry training.  Item 3 (SSN) shows an SSN beginning with "303."  

4.  On 5 October 1995, he was honorably discharged from the INARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his contractual obligation.  Item 3 (SSN) of the NGB Form 22 (Report of Separation and Record of Service) issued at that time shows an SSN beginning with "316."

5.  On 8 April 1997, he was discharged from the USAR.  His discharge orders show the SSN beginning with "316."

6.  He provides a letter from a Member of Congress, dated 29 April 1992, informing him a new SSN had been issued under his name as he had requested.  He also provides an SSN Printout and his social security card, which show the SSN beginning with "316."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SSN was changed in 1992, after his DD Form 214 was issued.  The new SSN was then used as the SSN of record.  It would be appropriate to correct his DD Form 214 to reflect the SSN shown on his NGB Form 22.

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 amending his DD Form 214 to reflect the SSN shown on his NGB Form 22.



      ___________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)                                         AR20110021243





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ABCMR Record of Proceedings (cont)                                         AR20110021243



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