IN THE CASE OF:	   

		BOARD DATE:	        18 November 2008

		DOCKET NUMBER:  AR20080014300 


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 the Social Security Number (SSN) listed in Item 3 (Social Security Number) of his 9 November 1970 separation document (DD Form 214) be corrected.   

2.  The applicant states, in effect, that the SSN entered in Item 3 of his DD form 214 is in error.  

3.  The applicant provides a Social Security Administration (SSA) document and DD Form 214 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 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 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.  His record also contains several orders and other documents, which include his Record of Court-Martial Conviction (DA Form 20B) and DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) that list the SSN using the number 4 as the fifth digit, which he now claims is incorrect.  

3.  The applicant’s Enlisted Qualification Record (DA Form 20) lists his Army Service Number as the primary identification number in Item 1 (Name and Service Number).  It also lists his SSN in Item 1, which appears to have originally been entered as the one he now claims is correct using the number 0 in the fifth digit, but was later changed with a pen and ink entry that made the number 4 the fifth digit.  An Insert Sheet to the DA Form 20 - Record of Court-Martial Conviction (DA Form 20B) lists the SSN he now claims is incorrect using the number 4 in the fifth digit.  Court-Martial Orders and DA Forms 2627 (Records of Proceedings Under Article 15, UCMJ) on file also list the SSN he now claims is incorrect.  

4.  The applicant’s record is void of any indication on how the original SSN listed on his induction record and the one under which he entered service was ever officially changed to the one listed on his DA Form 20 and several documents on file in his record.

5.  On 9 November 1970, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  Item 3 of his 
DD Form 214 lists the SSN he now claims is incorrect using the number 4 as the fifth digit.  

6.  The applicant provides an SSA document, dated 21 August 2008, which confirms his correct SSN is the one listed on his Induction Record and which he now claims is correct, which lists the number 0 as the fifth digit.   

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 SSN listed in the separation document will be taken from the Soldier’s personnel record.  


DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that the SSN listed on his 9 November 1970 
DD Form 214 is incorrect was carefully considered and found to have merit.  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 DD Form 47, DD Form 398, and several orders and other documents on file in his record.  However, his record also contains several orders and other documents, which includes a DA Form 20B and DA Form 2627, that contain the SSN he now claims is incorrect using the number 4 as the fifth digit, which is also the SSN listed on his separation document.  

2.  It appears the applicant was inducted and entered military service under the correct SSN, as confirmed by the SSA, which lists the number 0 as the fifth digit.  Absent any explanation for why the SSN was later changed to the one using the number 4 as the fifth digit, it appears the SSN entered on his DD Form 214 is incorrect.  Therefore, since the applicant entered the Army using the correct SSN, which he did use while serving 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 SSA document provided, using the number 0 as the fifth digit.  

3.  However, because there are several other important official documents on file (DA Form 20B, DA Form 2627, etc.) that list the incorrect SSN using the number 4 as the fifth digit, it would also be appropriate to add an entry in Item 30 (Remarks) of the DD Form 214 that explains that he also used this SSN during his active duty service (i.e “Individual also used Social Security Number 
xxx-x4-xxxx on Active Duty”).  

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 9 November 1970 DD Form 214 by deleting the number 
4 in the fifth digit and replacing it with the number “0”; by adding the entry “Individual also used the Social Security Number xxx-x4-xxxx on Active Duty” to Item 30; and by providing him a correction to his separation document that includes these changes.



      __________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)                                         AR20080014300



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014300


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1