IN THE CASE OF:	  

		BOARD DATE:	 12 June 2012

		DOCKET NUMBER:  AR20110024549


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 social security number (SSN) as "XXX-XX-."

2.  The applicant states he was issued SSN "XXX-XX-" at the time of his induction because he didn't have his social security card with him.

3.  The applicant provides 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 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.  On 3 October 1968 in anticipation of his induction into the Army of the United States (AUS), the applicant underwent a pre-induction physical examination at the Armed Forces Examining and Entrance Station (AFEES), Baltimore, MD.  During this examination he completed a Standard Form 88 (Report of Medical Examination) wherein he listed "XXX-XX-" in item 3 (Identification Number).

3.  On 4 September 1969, he was inducted into the AUS.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows "no SSN given."  Item 2 (Service Number) shows "XXX-XX-."

4.  Special Order Number 170, AFEES, dated 4 September 1969, ordered him to active duty following his induction.  This order shows his SSN as "XXX-XX-."

5.  All other documents in his military personnel records jacket show his SSN as "XXX-XX-."  When required by the form, he authenticated these documents by placing his signature where necessary.

6.  On 27 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows his SSN as 
"XXX-XX-."

7.  He provides his social security card that shows his SSN as "XXX-XX-."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his SSN as "XXX-XX-" was carefully considered and determined to have merit.

2.  The evidence of record shows he primarily used SSN "XXX-XX-" throughout his period of active service; however, during his induction processing, he was identified on in at least two documents by SSN "XXX-XX-."

3.  The applicant submitted his social security card to establish his correct SSN.  It is unclear why he was issued two different SSN's; however, the evidence is clear that the applicant served under the SSN he claims is correct.  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as 
"XXX-XX-."

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 by deleting the current SSN and replacing it with the SSN as it is 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20110024549



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