BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110024436 


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 correct social security number (SSN).

2.  The applicant states, in effect, he needs his SSN corrected on his DD Form 214 in order to file a claim with the Department of Veterans Affairs (VA).  

3.  The applicant provides a copy of his DD Form 214 and DD Form 256A (Honorable Discharge 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 was inducted in the Army of the United States on 9 May 1966.  He completed training and was awarded military occupational specialty 13A (Cannoneer).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  His service number was primarily used on documents in his official military personnel file (OMPF).  The following documents in his file show the requested SSN change:

* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data) 
* orders releasing him from the active duty, dated 17 March 1968

4.  The SSN shown on the applicant's DD Form 214 is not found on any documentation in his OMPF.

5.  Orders releasing him from active duty, dated 17 March 1968, show the requested SSN.  The applicant was honorably released from active duty on the same date.  He completed 1 year and 9 days of active military service.

6.  He provides a copy of his DD Form 214 and DD Form 256A, dated 8 May 1972, discharging him from the U.S. Army Reserve.  His certificate shows the requested SSN.

DISCUSSION AND CONCLUSIONS:

The available evidence indicates an error was made in recording the applicant's SSN on his DD Form 214.  The SSN recorded on his DD Form 214 is not found on any documents in his OMPF.  Therefore, it would be appropriate to correct his DD Form 214 to show the SSN listed on his orders releasing him from active duty, dated 17 March 1968.

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 is 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 reflect his SSN as shown on his release from active duty orders, dated 17 March 1968.



      _______ _ 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)                                         AR20110024436



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ABCMR Record of Proceedings (cont)                                         AR20110024436



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