IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080005627
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 to Item 3 (Social Security Number) of his separation document (DD Form 214), dated 4 July 1970.
2. The applicant states, in effect, that the Social Security Number (SSN) entered in Item 3 of his DD Form 214 is incorrect. He further states that based on Homeland Security, drivers license requirements, and his applying for benefits, he requests that his DD Form 214 be corrected to reflect his correct SSN.
3. The applicant provides a copy of his DD Form 214, Drivers License, and Social Security Card in support of his application.
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 applicants 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 applicants 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 record contains an Enlistment Contract (DD Form 4), dated
30 November 1968, and a National Agency Check Request (DD Form 1584), dated 9 December 1968, which were prepared on him during his enlistment processing. These documents list the SSN the applicant now claims is incorrect.
3. The applicant's Official Military Personnel File (OMPF) contains an Application for Identification Card (DA Form 428), dated 4 February 1969, which shows the applicant's SSN as the one he now claims is correct. It also contains Headquarters, 1st Infantry Division Special Orders (SO) Number (#) 191, dated 10 July 1969, and SO # 273, dated 30 September 1969, which list his SSN as the one he now claims is correct.
4. On 4 July 1970, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 5 days of active military service. Item 3 of his DD Form 214 list the SSN he now claims is incorrect.
5. The applicant's record also contains a Notification to State Adjutants General Release from Active Duty of Obligated Reservist (DA Form 2376), dated 4 July 1970, which shows in Item 2 the SSN the applicant now claims is correct. It also contains an Office of The Adjutant General (OTAG) Letter, dated 26 August 1970, which informed the applicant that his SSN would be replacing his Military Service Number (MSN) effective 1 July 1969, and that required him to annotate and provide his correct SSN. The applicant entered the SSN he now claims to be correct on this form.
6. The applicant provides a copy of his Social Security Card which shows the SSN he now claims is correct.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph
2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that the SSAN listed in the separation document will be taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the SSN listed on his DD Form 214, dated 4 July 1970, is incorrect was carefully considered and found to have merit. The evidence of record shows the applicants military records initially listed the incorrect SSN. However, it also shows that the applicant attempted to correct his SSN and in fact used his correct SSN while still on active duty, as evidenced by
forms and orders on file in his record. The record also contains an OTAG letter that verified the applicants correct SSN soon after his REFRAD. It is apparent that the SSN entered on his DD Form 214 was incorrect and that the SSN correction the applicant attempted to make while still on active duty was never accomplished. Therefore, given his attempts to correct his SSN and the fact he used the correct SSN while still on active duty, it would be appropriate to correct the SSN listed in Item 3 of his DD Form 214 to reflect the proper SSN listed on the 1970 OTAG Letter on file and on the applicants 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 amending Item 3 of his DD Form 214, dated 4 July 1970, by deleting digits one through 5 of his SSN and replacing them with the digits "139-38"; and by providing him with a correction to his separation document reflecting this change.
_______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) AR20080005627
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080005627
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014300
The applicant's Official Military Personnel File (OMPF) contains a Statement of Personnel History (DD Form 398) and Record of Induction (DD Form 47) prepared on him during his induction processing, and several orders and other documents that list the SSN he now claims is correct, which contains the number 0 in the fifth digit. The evidence of record shows the applicant entered military service using the SSN he now claims is correct using the number 0 as the fifth digit, as evidenced by the...
ARMY | BCMR | CY2013 | 20130005646
Application for correction of military records (with supporting documents provided, if any). The applicant's military record contains a DD Form 398 (Statement of Personal History) which was completed during his enlistment processing. The majority of the documents contained in the applicants Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) lists SSN "XXX-XX-XXX0" which he now claims is incorrect.
ARMY | BCMR | CY2009 | 20090005031
The evidence of record shows that all records, orders, and documents on file in the applicant's record contain the same SSN he now claims to be correct. The evidence of record confirms that applicant's 25 May 1969 DD Form 214 contains an incorrect SSN number in item 3. Therefore, it would be appropriate to now correct the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2014 | 20140003520
The applicant requests correction his military records to show his name and Social Security Number (SSN) as they appear on his Social Security Card and Army Commendation Medal orders and certificate. The applicant provides copies of * his Social Security Card * his DD Form 214 * Americal Division General Orders Number 3324 of 2 April 1970 which awarded him the Purple Heart * Purple Heart Certificate * Americal Division General Orders Number 5190 of 30 May 1970 which awarded him the Army...
ARMY | BCMR | CY2014 | 20140003520
The applicant requests correction his military records to show his name and Social Security Number (SSN) as they appear on his Social Security Card and Army Commendation Medal orders and certificate. The applicant provides copies of * his Social Security Card * his DD Form 214 * Americal Division General Orders Number 3324 of 2 April 1970 which awarded him the Purple Heart * Purple Heart Certificate * Americal Division General Orders Number 5190 of 30 May 1970 which awarded him the Army...
ARMY | BCMR | CY2009 | AR20090004585
The applicant requests correction of Item 3 Social Security Number (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 October 1970. The evidence of record confirms the SSN under which the applicant enlisted and served contained the numbers "56" as the fourth and fifth digit, as evidenced by entries on his DD Form 4, DD Form 398, and in orders on file in his record. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2011 | 20110012229
It appears an administrative error occurred during the preparation of his DD Form 214 that listed the first three digits of his SSN as 522. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as listed on his Social Security card and other record documents referenced in these Proceedings. With respect to the correction of his DD Form 214 to show his middle name as Alonso, the evidence of record shows that upon his induction into the AUS the...
ARMY | BCMR | CY2015 | 20150003406
Application for correction of military records (with supporting documents provided, if any). Without exception, all of the applicants inactive and active duty military records show he used the same SSN throughout his service, which shows the last digit different from the SSN he now claims to be correct. ABCMR Record of Proceedings (cont) AR20130002706 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003406 3 ARMY BOARD FOR...
ARMY | BCMR | CY2013 | 20130004182
Application for correction of military records (with supporting documents provided, if any). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have the requested SSN documented in his AMHRR. ABCMR Record of Proceedings (cont) AR20130004182 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004182 2 ARMY BOARD FOR CORRECTION...
ARMY | BCMR | CY2008 | 20080012968
The applicant requests, in effect, correction to Item 3 (Social Security Number), Item 5a (Grade, Rate or Rank), Item 5c (Pay Grade), and Item 24 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized) of his 17 June 1971 separation document (DD Form 214). The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the Valorous Unit Award, RVN Gallantry Cross with Palm Unit...