IN THE CASE OF:
BOARD DATE: 11 DECEMBER 2008
DOCKET NUMBER: AR20080014680
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 item 3 (Social Security Number [SSN]), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected from 58x-xx-xx33 to 03x-xx-xx03.
2. The applicant states, in effect, that his SSN is listed incorrectly on his DD Form 214.
3. The applicant provides a copy of his Social Security Card, a copy of his Birth Record, and a copy of his DD Form 214 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. On 27 July 1966, the applicant completed a DD Form 398 (Statement of Personal History) and listed his correct SSN.
3. The applicant's record shows he was inducted on 28 July 1966. He was trained in military occupational specialty (MOS) 76D (Stock Control Specialist).
4. On 29 July 1966, the applicant completed a DA Form 3027 (US Army Request for National Agency Check). The SSN that was used was his correct SSN.
5. The applicant was promoted to specialist four (SP4)/E-4 effective 22 November 1967. He served in Vietnam from 10 February 1967 to 8 February 1968. He served until he was honorably released from active duty on 29 July 1968.
6. Item 3 of the applicants DD Form 214 shows his SSN as 58x-xx-xx33.
7. A review of the applicant's record shows that he utilized the correct SSN of 03x-xx-xx03 throughout his Army service; however, a few of the source documents in his military personnel file, such as his separation orders, listed the incorrect SSN of 58x-xx-xx33, which is reflected on his DD Form 214.
8. The applicant provided a copy of his Social Security Card which shows the same SSN he used during his induction processing and through his active duty service.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant's correct SSN as 03x-xx-xx03.
2. It appears the applicant's SSN was incorrectly entered on his DD Form 214 due to an administrative error that began with the publication of his separation orders. Therefore, he is entitled to correction of item 3 of his DD Form 214 to show his correct SSN as 03x-xx-xx03.
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 item 3 of his DD Form 214 to show his correct SSN as 03x-xx-xx03.
___________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) AR20080014680
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ABCMR Record of Proceedings (cont) AR20080014680
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