BOARD DATE: 3 January 2013 DOCKET NUMBER: AR20120010458 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-xx-0xxx" instead of "xxx-xx-6xxx." 2. The applicant states the SSN recorded on his DD Form 214 is incorrect. He adds that he was just notified of the error by the State of Montana Veterans Affairs Division. 3. The applicant provides a copy of his DD Form 214 and 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's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 30 November 1965 for a period of 3 years. The U.S. Armed Forces did not use the SSN as the primary identification number at the time of the applicant's enlistment; an assigned service number was used instead. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) his SSN as "xxx-xx-0xxx." 4. Special Orders Number 245, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 1 September 1968, released the applicant from active duty (REFRAD) on the same date. The applicant's standard name line on the order shows his SSN as "xxx-xx-0xxx." 5. On 1 September 1968, the applicant was honorably REFRAD accordingly. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation. He completed 2 years, 9 months, and 2 days of total net active service. The DD Form 214 he was issued at the time shows in: a. Item 3 (SSN) the entry "xxx-xx-6xxx." b. It also shows that a pen-and-ink change was made on the record copy (Copy 2) of the DD Form 214 and the number "6" is lined through and the numeral "0" is written above it. 6. Letter Orders Number 11-1278065, issued by the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 17 November 1971, honorably discharged the applicant from the USAR effective 29 November 1971. These orders show his SSN as "xxx-xx-0xxx." 7. In support of his application the applicant provides his Social Security card that shows his SSN is "xxx-xx-0xxx." 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show his SSN as "xxx-xx-0xxx." 2. Records show that shortly after enlisting in the RA the applicant's SSN was recorded in item 1 of his DA Form 20 as "xxx-xx-0xxx." This SSN is also shown on the applicant's orders when he was REFRAD on 1 September 1968. In addition, the orders that discharged the applicant from the USAR on 29 November 1971 also show his SSN as "xxx-xx-0xxx." 3. The evidence of record supports the applicant's contention that an incorrect SSN was recorded on his DD Form 214 when he was REFRAD. As such, it appears an administrative error occurred during the processing of his DD Form 214. Therefore, it would be appropriate at this time to correct the applicant's 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 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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number as shown on his Social Security card and DA Form 20. ________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) AR20120005198 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010458 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1