IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010587 


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, in effect, correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 23 June 1967 to show the first digit as "4" instead of "9."

2.  The applicant states the SSN currently shown on his DD Form 214 is incorrect.

3.  The applicant provides no additional evidence.

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 1 July 1964.  His DD Form 4 (Enlistment Contract) shows he enlisted using an assigned service number.

3.  On 1 July 1964, the applicant completed a DD Form 398 (Statement of Personal History) which shows "4" as the first digit of his SSN.  The same SSN shown on his DD Form 398 is shown on every document contained in his Army Military Human Resource Record (AMHRR) requiring the use of his SSN.

4.  The applicant was honorably released from active duty on 23 June 1967.  Item 3 of his DD Form 214 shows "9" as the first digit of his SSN.

5.  Other than his DD Form 214, there are no documents in his AMHRR that show "9" as the first digit of his SSN.  All documents show "4" as the first digit.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  It appears that an error was made during the preparation of the applicant's DD Form 214 which resulted in the incorrect SSN being reflected.

3.  The available evidence clearly shows "4" as the first digit of his SSN.  His DD Form 214 should be amended to show 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 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 item 3 of his DD Form 214 effective 23 June 1967 to show the same SSN shown on his DD Form 398.



      ____________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)                                         AR20120010587



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ABCMR Record of Proceedings (cont)                                         AR20120010587



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