IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2008
DOCKET NUMBER: AR20080014077
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, that his Social Security Number on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected.
2. The applicant states that upon receipt of his discharge documents, he noticed his service number was incorrect (the last digit only). He adds that he needs this corrected so that he can receive the benefits that he is entitled to from his service time.
3. The applicant provided no additional evidence in support of his request.
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 evidence shows the applicant enlisted in the Regular Army on 31 July 1970. He completed his basic combat training and his advanced individual training at Fort Dix, New Jersey. After completing all required training, he was awarded the military occupational specialty 94B (Cook).
3. Item 47 (Data Processing Code), of the applicants DD Form 4, Enlistment Contract Armed Forces of the United States, shows his Social Security Number to be ***-**-0609.
4. Item 1 (Name and Service Number) of the applicants DA Form 20, Enlisted Qualification Record, shows his Social Security Number to be ***-**-0609.
5. Item 1 of the applicants temporary DA Form 20 shows his Social Security Number to be ***-**-0601.
6. On 1 February 1972, the applicant completed a DD Form 398, Statement of Personal History. In Item 13 (Employment), the applicant entered his Social Security Number in his own hand. The number he entered is ***-**-0609.
7. A review of all documents in the applicants service personnel records revealed that he consistently used the service number ***-**-0609 while he served on active duty.
8. Item 3 (Social Security Number) of the DD Form 214 the applicant was provided on his discharge shows the number ***-**-0601. Item 30 (Remarks) of the DD Form 214 shows the entry, "EM separated on temporary records and Soldiers affidavit."
9. 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. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that a separatees social security card will be checked when possible; otherwise, verify the accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicants contention that his Social Security Number (also his Service Number) is incorrectly shown on his DD Form 214 has merit.
2. At the time of the applicants enlistment, his Social Security Number was entered in Item 47 of his DD Form 4. The last four digits of the applicants Social Security Number, which became his Service Number, ended with the numerals "0609." These numerals were the correct numerals and were used consistently throughout the applicants service time.
3. The applicant was discharged with temporary records and his affidavit. The number on his temporary DA Form 20 ends with the numerals "0601." The numerals entered on his DD Form 214 at his discharge end with "0601."
4. Based on the evidence of record, the applicant is entitled to a correction of his DD Form 214 to show his correct Social Security Number or Service Number as "***-**-0609."
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 correcting the applicants DD Form 214 to show his correct Social Security Number (which is also his Service Number) to reflect the numerals "0609" as the last four digits of his Social Security Number/Service Number.
___________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) AR20080014077
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ABCMR Record of Proceedings (cont) AR20080014077
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