IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012 

		DOCKET NUMBER:  AR20110024771 


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-."

2.  The applicant states:

* an administrative error was made when his SSN was entered on his DD Form 214
* he verified his SSN with the Social Security Administration

3.  The applicant provides:

* DD Form 214
* social security card
* driver's license

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.  On 21 April 1969, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 94A (Food Service Apprentice).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  His official military personnel file contains the following five documents showing his SSN as "XXX-XX-":

* Veterans Administration Form 29-8286 (Servicemen's Group Life Insurance Election), dated 7 December 1969
* DD Form 398 (Statement of Personal History), dated 7 December 1969
* assignment orders, dated 12 December 1969 
* DA Form 2496 (Disposition Form), dated 28 May 1970
* DA Form 268 (Report for Suspension of Favorable Personnel Actions), dated 15 June 1970

4.  Orders releasing him from active duty, dated 12 June 1970, show his SSN as "XXX-XX-."  He was honorably released from active duty on 15 June 1970.  He completed 1 year and 29 days of active military service.

5.  His DD Form 214 shows his SSN as "XXX-XX-."

6.  He provides his social security card showing his SSN as "XXX-XX-."

DISCUSSION AND CONCLUSIONS:

The available evidence indicates an error was made in recording the applicant's SSN on the orders releasing him from active duty.  This error was then carried forward to his DD Form 214.  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 to reflect 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)                                         AR20110024771



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ABCMR Record of Proceedings (cont)                                         AR20110024771



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