IN THE CASE OF:	  

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120019287 


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 State Report of Transfer or Discharge) to show his social security number (SSN) as "XX3-XX-XXXX."

2.  The applicant states the third digit of his SSN should be "3" not a "2."

3.  The applicant provides:

* DD Form 214
* Social security card
* Letter from the Department of Treasury

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.  In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XX3-XX-XXXX." 

3.  He was inducted into the Army of the United States on 29 June 1970.  His DD Form 47 (Record of Induction) listed his SSN as "XX3-XX-XXXX."

4.  His service record contains multiple documents listing his SSN with the third digit as a "3."  He authenticated some of these documents with his signature, and include:

* DA Form 20 (Enlisted Qualification Record)
* Report of Medical Examination
* Separation orders
* Servicemen's Group Life Insurance Election

5.  He was honorably released from active duty on 17 January 1972.  Item 3 (SSN) of his DD Form 214 shows the number "2" as the third digit.

6.  The applicant submitted a social security statement that shows "3" as the third digit of his SSN.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states 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:

1.  The evidence of record shows the applicant's SSN was listed with "3" as the third digit upon his induction and entry on active duty.  The SSN he listed at that time is consistent with the SSN shown on several documents throughout his service.

2.  It appears his SSN was incorrectly recorded when his DD Form 214 was prepared.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  As such, he is entitled to correction of his DD Form 214 to show the requested 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 current SSN shown in item 3 of his DD Form 214 and replacing it with the SSN shown on his DD Form 47.




      ____________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)                                         AR20120019287





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ABCMR Record of Proceedings (cont)                                         AR20120019287



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