IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110023731 


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 first digit of his social security number (SSN) as "5" instead of "2." 

2.  He states his SSN is incorrect.

3.  He provides his Birth Registration Card, social security card, DD Form 214, and Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim).  

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 12 May 1967.

3.  His service record included documents which reflected the first digit of his SSN as “5," such as his DA Form 41 (Record of Emergency Data) and DD Form 398 (Statement of Personal History).

4.  The remaining documents in his service record show his service number, not his SSN.  

5.  He was released from active duty on 26 February 1969.  His DD Form 214 shows the first digit of his SSN as "2."

6.  He provided a copy of his social security card which shows the first digit of his SSN as "5."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 shows an incorrect SSN is acknowledged and determined to have merit.

2.  His social security card, DA Form 41, and DD Form 398 show the first digit 
of his SSN as "5."  However, his DD Form 214 incorrectly reflects the first digit of his SSN as "2."

3.  It appears that an administrative error occurred when his SSN was entered on his DD Form 214.  

4.  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)                                         AR20110023731





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ABCMR Record of Proceedings (cont)                                         AR20110023731



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