IN THE CASE OF:	  

		BOARD DATE:  7 February 2013

		DOCKET NUMBER:  AR20120014137 


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 the fourth digit of his social security number (SSN) as "3" vice "2."

2.  The applicant states his DD Form 214 has the wrong SSN listed due to a typographical error.

3.  The applicant provides his DD Form 214, social security card, two certificates, and orders.

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's records show he was inducted into the Army of the United States on 27 February 1964 and he held military occupational specialty 13F (Automatic Weapons Crewman).  

3.  His DA Form 20 (Enlisted Qualification Record) created upon entry on active duty shows only his service number and not his SSN.

4.  His records contain a DA Form 41 (Record of Emergency Data), dated 3 February 1965, which shows the fourth digit of his SSN as "3."  He authenticated this form by placing his signature in the appropriate block on that date.

5.  His record contains several orders, personnel, and legal documents that show only his service number and not his SSN.  

6.  He was honorably released from active duty on 23 February 1966 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 27 days of creditable active service.

7.  Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN with the fourth digit as "2."

8.  The applicant provides a social security card, undated, wherein it shows a person with the same full name as the applicant has the SSN as shown on the applicant's DA Form 41 with the fourth digit as "3."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant listed his SSN with the fourth digit as "3" during his active duty service.  It appears an administrative error occurred when his DD Form 214 was prepared; the fourth digit of his SSN is listed as "2."  Therefore, it would be appropriate to correct his DD Form 214 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 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 listed on 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)                                         AR20120014137



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ABCMR Record of Proceedings (cont)                                         AR20120014137



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