IN THE CASE OF:
BOARD DATE: 07 OCTOBER 2008
DOCKET NUMBER: AR20080012201
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 that his Report of Transfer or Discharge (DD Form 214) be corrected to show his complete Social Security Number (SSN).
2. The applicant states that his original DD Form 214 shows only seven digits of his SSAN and that the last two digits are not shown.
3. The applicant provides in support of his application, a copy of his DD Form 214; a copy of his Social Security Card; and a copy of his Veterans Administration 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 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. On 1 December 1966, the applicant enlisted in the Regular Army in Coral Gables, Florida, for 3 years in the pay grade of E-1.
3. A Statement of Personal History was completed on the applicant at the time of his enlistment. He provided his SSN and the last two digits were annotated as 98 on his Statement of Personal History.
4. A review of the applicants records show that the same SSN that he used at the time of his enlistment is reflected throughout his entire Official Military Personnel File (OMPF).
5. The applicant was honorably released from active duty (REFRAD) on 24 November 1969. The DD Form 214 that he was furnished at the time of his REFRAD shows only the first seven digits of his SSN. The last two digits of his SSN were erroneously omitted.
6. The copies of the Social Security Card and the Veterans Administration Card that the applicant submitted in support of his application agree with the SSN contained throughout his OMPF. Both of these cards show that last two digits of his SSN as 98.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicants DD Form 214 which resulted in the omission of the last two digits of his SSN.
2. He enlisted in the Army using the same SSN that is reflected on the Social Security Card that he submitted in support of his application. The same SSN appears on every document contained in his OMPF except for his DD Form 214 which shows only the first seven digits of his SSN.
3. The omission of the last two digits of his SSN from his DD Form 214 was clearly an error and it would now be in the in interest of justice to correct his DD Form 214 to reflect his entire SSN.
4. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 his DD Form 214 to show the last two digits of his SSN as 98.
___ XXX ___
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) AR20080012201
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ABCMR Record of Proceedings (cont) AR20080012201
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