IN THE CASE OF:	   

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110023470 


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 records to show his social security number (SSN) as "4xx-xx-xxxx."

2.  The applicant states his SSN begins with the numeral "4," not "2."  An incorrect SSN is shown on his DD Form 256A (Honorable Discharge Certificate) (and, by extension, on his discharge orders).

3.  The applicant provides a copy of his 8 March 1972 discharge orders.

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 U.S. Army Reserve (USAR) on 2 March 1966 with initial active duty for training from 9 February 1967 through 10 June 1967.

3.  He served as a drilling Reservist until he was honorably discharged effective 29 February 1972.

4.  Headquarters, First U.S. Army, Special Orders Number 068, dated 8 March 1972, discharged the applicant from the USAR effective 29 February 1972 and directed issuance of a DD Form 265A.  The SSN shown on these orders starts with the numeral "2."

5.  All other documents contained in the applicant's official record, including his DA Form 20 (Enlisted Qualification Record), shown his SSN as starting with the numeral "4."

6.  The applicant did not provide a copy of his discharge certificate nor is there a copy of this document in the available records.

7.  Under current Army policy to comply with the protection of personal information in Federal legislation, discharge certificates no longer include a Soldier's SSN.

DISCUSSION AND CONCLUSIONS:

1.  A typographical error appears to have occurred in the preparation of the applicant's discharge orders resulting in an incorrect SSN being recorded.  Because this document is the only record of his honorable discharge it is imperative that it be corrected to show his correct SSN as documented on his DA Form 20.

2.  Without a copy of the DD Form 256A to verify that an error exists, it is not appropriate to direct that this form be corrected.

3.  However, the applicant's discharge orders were in error and in as much as discharge certificates no longer include an SSN – and accepting the applicant's statement that his SSN on his discharge certificate is incorrect – it is appropriate to void the previously-issued DD Form 256A and issue him a new DD Form 256A without inclusion of an SSN.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his discharge orders to show his SSN starting with the numeral "4" as shown on his DA Form 20;

	b.  voiding his DD Form 256A, dated 29 February 1972; and

	c.  issuing the applicant a new DD Form 256A without inclusion of his SSN.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the SSN on the now voided DD Form 256A.



      ____________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)                                         AR20110023470



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ABCMR Record of Proceedings (cont)                                         AR20110023470



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