IN THE CASE OF:	  

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120018777 


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-48-XXXX" instead of "XXX-40-XXXX."

2.  The applicant states "personnel" made the incorrect entry on his DD Form 214.

3.  The applicant provides:

* social security card
* birth certificate
* Standard Form 88 (Report of Medical Examination), dated 3 March 1970
* DD Form 214

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 was inducted into the Army of the United States on 13 March 1969.  The applicant's DD Form 398 (Statement of Personal History) which was completed upon his induction shows he disclosed his SSN as "XXX-48-XXXX."

3.  The SSN "XXX-48-XXXX" is consistently used throughout the applicant's records.

4.  On 10 March 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows his SSN as "XXX-40-XXXX."

5.  The applicant provides copies of his DD Form 214 and birth certificate.  He also provides copies of his social security card and Standard Form 88 which both show his SSN as "XXX-48-XXXX."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldier's 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 the complete name and SSN of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's SSN is consistently recorded throughout his records as "XXX-48-XXXX."  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "XXX-48-XXXX."

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 show his 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)                                         AR20120018777



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ABCMR Record of Proceedings (cont)                                         AR20120018777



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