IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080014317
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct Social Security Number (SSN).
2. The applicant states that his correct SSN is xxx-xx-x2xx. It is incorrectly shown on his DD Form 214 as xxx-xx-x7xx.
3. The applicant provides a copy of his DD Form 214 and a copy of his Social Security 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. The applicant served in the Army of the United States from 14 October 1965 through 26 September 1967. He was trained in, awarded, and served in military occupational specialty (MOS) 31G (Tactical Communications Chief). He attained the grade of sergeant/E-5. He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). On 13 October 1971, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. A review of the applicant's DA Form 201 (Military Personnel Record Jacket U.S. Army) shows his SSN as xxx-xx-x2xx.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as xxx-xx-x2xx. His USAAC Form 170 (Army Reserve Personnel Data Review) shows his SSN as xxx-xx-x2xx. Finally, his discharge order from the USAR shows his SSN as xxx-xx-x2xx.
5. The applicant's DD Form 214 shows his SSN as xxx-xx-x7xx.
6. The applicant submitted a copy of his Social Security Card which shows his SSN as xxx-xx-x2xx.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his SSN was entered incorrectly on his DD Form 214.
2. A thorough review of his official record shows that his SSN is xxx-xx-x2xx. It was entered incorrectly on his DD Form 214. Therefore, a correction to his DD Form 214 has been directed below.
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 SSN on his DD Form 214 to xxx-xx-x2xx.
_______ _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) AR20080014317
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ABCMR Record of Proceedings (cont) AR20080014317
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