BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110023249 


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, in effect, correction of item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last two digits as "78" instead of "87."

2.  The applicant states, in effect, the Social Security Administration needs a copy of his DD Form 214 and the SSN that is currently shown is incorrect.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 18 September 1967.  His 
DD Form 4 (Enlistment Contract) lists the last two digits of his SSN as "78."

3.  His official military record contains a DD Form 398 (Statement of Personal History) which also shows "78" as the last two digits of his SSN.  The last two digits of his SSN are shown as "78" on every document contained therein until his records were audited on 1 April 1970 and the last two digits of his SSN were transposed on documents contained therein.  

4.  The applicant was honorably discharged from the Army on 24 July 1970.  Item 3 on the DD Form 214 he received shows "87" as the last two digits of his SSN. 

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active service. 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:

1.  The applicant’s contentions have been noted.

2.  It appears that an error was made during the preparation of the applicant’s
DD Forms 214, which resulted in the incorrect SSN being reflected.

3.  The evidence of record clearly shows the last two digits of his SSN are "78."  His DD Form 214 should be amended to show his correct SSN.

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, dated 24 July 1970, to show the SSN as it is listed on his DD Form 4. 




      _______ _ 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)                                         AR20110023249



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ABCMR Record of Proceedings (cont)                                         AR20110023249



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