IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110024535 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-xxx4."

2.  The applicant states, in effect, he believes a typographical error occurred at the time of his discharge. 

3.  The applicant provides:

* DD Form 214
* Certification of Birth
* 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 on 29 July 1971.

3.  Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), completed at the time of his recruitment, lists his SSN as “xxx-xx-xxx4.”

4.  A review of documents contained in the applicant's military personnel records show his SSN appears as both "xxx-xx-xxx6" and "xxx-xx-xxx4" on several documents dated throughout his tenure of service.

5.  On 26 July 1974, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The applicant’s DD Form 214 lists his SSN as “xxx-xxx-xxx6.”

6.  The applicant provides a copy of his social security card which shows his SSN as "xxx-xx-xxx4."  

7.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xxx-xx-xxx4" was carefully considered and determined to have merit.

2.  The applicant's SSN appears as both "xxx-xx-xxx6" and "xxx-xx-xxx4" throughout his military personnel records.  However, his DD Form 398, completed at the time of his recruitment, shows his SSN as “xxx-xx-xxx4.”  It appears the SSN listed on the applicant’s DD Form 214 was the result of a typographical error.  In addition, the applicant provides his social security card which shows his SSN as "xxx-xx-xxx4."  Therefore, he is entitled to have his     DD Form 214 corrected to show this 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 deleting the SSN from item 3 of his DD Form 214 and adding the 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)                                         AR20110024535



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ABCMR Record of Proceedings (cont)                                         AR20110024535



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