IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022758 


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 the fourth digit of his social security number (SSN) as “4” instead of “0.”

2.  He states, in effect, his driver’s license and social security card should be considered.  

3.  He provides his DD Form 214, commercial driver’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 was inducted into the Army of the United States on 6 September 1966.  

3.  A review of his military personnel records revealed the majority of the documents indicate the fourth digit of his SSN as “4”, such as:

* Form 41 (Record of Emergency Data) 
* DD Form 398 (Statement of Personal History)
* DA Form 3027 (U.S. Army Request for National Agency Check)
* General Orders Number 6948, dated 1 July 1968

4.  He was honorably released from active duty on 20 July 1968 as an overseas returnee.  On the following day, he was transferred to the U.S. Army Reserve Control Group (Annual Training).  

5.  His DD Form 214 shows the fourth digit of his SSN as “0.”

6.  He provides a copy of his commercial driver’s license which doesn’t indicate his SSN.

7.  He also provides a copy of his social security card which indicates the fourth digit of his SSN as “4.”

DISCUSSION AND CONCLUSIONS:

1.  The majority of the documents in the applicant’s service record and his social security card show the fourth digit of his SSN as “4.”  However, his DD Form 214 shows the fourth digit of his SSN as “0.”

2.  It appears an administrative error was made at the time his SSN was recorded on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to reflect the SSN as 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 amending his DD Form 214 to list his SSN as shown 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)                                         AR20110022758





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ABCMR Record of Proceedings (cont)                                         AR20110022758



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