IN THE CASE OF:	  

		BOARD DATE:	    10 May 2012

		DOCKET NUMBER:  AR20110023028 


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) with the second digit as "2" vice "6."

2.  The applicant states the wrong SSN is shown on his DD Form 214.

3.  The applicant provides his Social Security Card and a certificate.

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 records contains DD Form 47 (Record of Induction), dated 4 May 1969, wherein his SSN is shown with the second digit as "2."

3.  He completed DD Form 398 (Statement of Personnel History) on 5 May 1969 wherein he listed his SSN with the second digit as "2."  He authenticated this form by placing his signature in the appropriate block.

4.  He was inducted into the Army of the United States (AUS) on 8 May 1969 and he held military occupational specialty 11D (Armor Reconnaissance Specialist).

5.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the second digit as "6."

6.  His records contain numerous personnel, finance, medical, and legal documents including assignment orders that all show his SSN with the second digit as "2."

7.  On 4 August 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows his SSN with the second digit as "6." 

8.  The applicant provides a Social Security Card which lists an individual with the same full name as the applicant and the SSN with the second digit listed as "2."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant listed his SSN with the second digit as "2" upon his induction into the AUS.  This is the SSN he used throughout his period of service.  It appears an error was made when his DA Form 20 was created and his SSN was listed with the second digit as "6."  This error was compounded when his SSN was entered on his DD Form 214 with the second digit as "6."  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 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 from item 3 of his DD Form 214 the current entry 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)                                         AR20110023028





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ABCMR Record of Proceedings (cont)                                         AR20110023028



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