IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012561 


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 "231-XX-XXXX" vice "321-XX-XXXX."

2.  He states the SSN on his DD Form 214 is incorrect.

3.  He provides his:

* DD Form 214
* 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 records show he enlisted in the Regular Army on 18 September 1967.

3.  His record contains a DD Form 1584 (National Agency Check Request), dated 30 October 1967, which shows in item 4 (SSN) "231-XX-XXXX." 

4.  His record contains Special Orders Number 116, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 26 April 1969, which shows "231-XX-XXXX" as his SSN.

5.  His DA Form 20 (Enlisted Qualification Record) shows "231-XX-XXXX" in item 1 (Name and Service Number).

6.  He was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 26 April 1969.  His DD Form 214 shows in item 3 (SSN) "321-XX-XXXX." 

7.  A thorough review of his official military personnel file shows he used his Army service number or SSN "231-XX-XXXX" the entire time he served in an active duty status.

8.  He provides a copy of his social security card which shows his SSN as
"231-XX-XXXX."

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

According to the available evidence the SSN shown on the applicant's DD Form 214 does not reflect the SSN under which he enlisted and served. 
The documents in his official record that contain a SSN match the SSN "231-XX-XXXX," which is shown on his social security card.  Therefore, he is entitled to correction of his DD Form 214 to show this 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 the entry in item 3 of 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)                                         AR20120012561





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ABCMR Record of Proceedings (cont)                                         AR20120012561



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