IN THE CASE OF:	   

		BOARD DATE:	 18 December 2012 

		DOCKET NUMBER:  AR20120009839 


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-x8-xxxx" instead of "xxx-x6-xxxx." 

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

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate
* Discharge orders
* Statement from the Social Security Administration (SSA)

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 19 October 1965.  His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.

3.  He completed a DD Form 398 (Statement of Personal History) in connection with this induction and listed his SSN as "xxx-x8-xxxx (the number "8" is the fifth digit).   

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, did not list his SSN.

5.  His service record contains a DA Form 41 (Record of Emergency Data) that listed his SSN as "xxx-x8-xxxx" (the number "8" is the fifth digit).

6.  He was honorably released from active duty on 8 August 1967 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.   Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x6-xxxx" (a "6" is listed as the fifth digit).

7.  He was discharged from the U.S. Army Reserve Control Group (Annual Training) on 18 October 1971 upon completion of his military service obligation.  He was also issued an Honorable Discharge Certificate that listed his name and SSN "xxx-x8-xxxx." 

8.  He provides a copy of a statement from the SSA, dated 1 December 2009, confirming he had an appointment with the SSA.  The statement listed his name and the SSN as "xxx-x8-xxxx." 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  

DISCUSSION AND CONCLUSIONS:

The applicant listed his SSN as "xxx-x8-xxxx" upon induction into the Army of the United States.  His service record contains documents to include a DD Form 398 that listed the requested number.  It appears when his DD Form 214 was prepared the incorrect SSN was listed.  Therefore, he is entitled to correction of his DD Form 214 to show the number "8" as the fifth digit of his 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 from item 3 of his DD Form 214 the current SSN and adding the SSN as it is listed 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)                                         AR20120009839



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ABCMR Record of Proceedings (cont)                                         AR20120009839



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