BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022729 


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 his Social Security Number (SSN) be corrected on his 30 January 1970 DD Form 214 (Report of Transfer or Discharge) to show the fourth and fifth digits of his SSN are "38."

2.  The applicant states the clerical error on his DD Form 214 may affect his veteran's benefits.

3.  The applicant provides copies of two DD Forms 214 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.  The applicant served in the Army of the United States from 6 January 1964 to 20 December 1965 until he was honorably discharged for immediate reenlistment.  On 21 December 1965, he enlisted in the Regular Army and served until he was honorably discharged on 30 January 1970.

3.  The majority of the documents in the available record contain a service number.  The following three documents are the only documents in the record that list the applicant's SSN. 

   a.  the applicant's DA Form 41 (Record of Emergency Data) that was prepared at the time of induction and reviewed on 24 October 1969 shows an SSN with the fourth and fifth digits as "38";

   b.  the applicant's DD Form 214, dated 20 December 1965, shows an SSN with the fourth and fifth digits as "38"; and

   c.  the applicant's DD Form 214, dated 30 January 1970, lists an SSN with the fourth and fifth digits as "35."

4.  His Social Security Card shows an SSN with the fourth and fifth digits as "38."

5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The preponderance of evidence indicates the applicant's SSN is incorrectly entered on his 30 January 1970 DD Form 214.  It would be appropriate to correct this error.

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 deleting the SSN listed in item 3 (SSN) of his 30 January 1970 DD Form 214 and adding the SSN as it is listed 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)                                         AR20110022729



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ABCMR Record of Proceedings (cont)                                         AR20110022729



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