IN THE CASE OF:	  

		BOARD DATE:	     24 May 2012 

		DOCKET NUMBER:  AR20110023794 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct social security number (SSN).

2.  The applicant states the SSN on his DD Form 214 is incorrect and he has had the same SSN since 1966.

3.  The applicant provides a copy of his DD Form 214 and his 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 enlisted in the Regular Army in Knoxville, Tennessee, on 3 April 1970 for a period of 3 years.  At the time of enlistment he did not provide an SSN and he was assigned a temporary SSN.  He was transferred to Fort Jackson, South Carolina to undergo processing and basic training.

3.  While at Fort Jackson he apparently produced a social security card because he was issued an identification card and fingerprinted using the SSN contained on his social security card.  He also completed a DD Form 398 (Statement of Personal History) using the SSN listed on his Social Security Card.

4.  On 12 May 1970, he was honorably discharged under the provisions of chapter 5, Army Regulation 635-200, for failure to meet medical fitness standards at time of enlistment.  He had served 1 month and 9 days of active service and block 3 (SSN) of his DD Form 214 shows his temporary SSN.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the 
DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect his correct SSN has been noted and found to have merit.

2.  The evidence of record clearly shows the applicant’s SSN as it is depicted on his Social Security Card.  Therefore, it is reasonable to presume that an administrative error resulted during the preparation of his DD Form 214.

3.  Accordingly, his DD Form 214 should be corrected to reflect 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 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 listing his 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)                                         AR20110023794



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ABCMR Record of Proceedings (cont)                                         AR20110023794



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