IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120022961 


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 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-x7xx" instead of "xxx-xx-x6xx."

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 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 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 17 October 1961 for a period of 3 years.
3.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "xxx-xx-x6xx."

4.  His record contains a DA Form 41 (Record of Emergency Data), dated 17 July 1964, that shows his SSN as "xxx-xx-x7xx."  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 assigned service number and not his SSN.

6.  On 7 October 1964, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

7.  Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN as
"xxx-xx-x6xx."

8.  The applicant provides a Social Security card that shows a person with the same full name as his with the same SSN as shown on the applicant's DA Form 41.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant listed his SSN as "xxx-xx-x7xx" during his active duty service.  It appears an administrative error occurred when his DA Form 20 was prepared listing his SSN as "xxx-xx-x6xx."  This error was compounded when his DD Form 214 was prepared with the same incorrect SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his Social Security card.

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 from item 32 of his DD Form 214 the current SSN entry and replacing it with the 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)                                         AR20120022961



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022961



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1