IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080016076
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the 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, in effect, that the social security number on his DD Form
214 has been incorrect since he separated from the service and should be
2**-**-7**7.
3. The applicant provided a copy of his DD Form 214 and a memorandum from the Social Security Administration in support of this 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 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's DD Form 214 shows he was inducted into the Army of the United States on 17 February 1967. He was awarded military occupational specialty (MOS) Combat Construction Specialist (12B). The highest rank he attained while serving on active duty was Specialist Five (SP5).
3. Item one (name) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his social security number as 2**-**-7**7.
4. The applicant's record contains a DA Form 3027 (US Army Request for National Agency Check) dated 15 March 1967. Item four [Social Security No. (number)] shows his social security number as 2**-**-7**7.
5. The applicant's record contains a DA Form 3354-R (Personnel Data Sheet), which is part of a promotion packet submitted 24 August 1968, and shows his social security number as 2**-**-7**7 (Social Security Account No.).
6. The applicant's record contains Special Orders Number 15, Headquarters,
14th Engineer Battalion (Combat), APO San Francisco, dated 15 January 1969, which shows his social security number as 2**-**-7**7.
7. On 8 February 1969, the applicant was honorably released and transferred to the United States Army Reserve from active duty after completing a total of
1 year, 11 months, and 22 days of active military service.
8. Item 3 (Social Security Number) of the applicants DD Form 214 shows his social security number upon discharge as 2**-**-*2**7.
9. The applicant provides a letter from the Social Security Administration, dated
29 August 2008. This letter confirms the applicant's valid social security number, which is the same one he now claims is correct, and which is contained in the majority of his military documents and records.
10. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, the Soldier's Social Security Number would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the social security number contained on his DD Form 214 is incorrect was carefully considered and found to have merit. The evidence of record shows that the vast majority of all records, orders, and documents on file in the applicants record contain the same social security number he now claims to be correct.
2. The evidence of record confirms the applicant's 8 February 1969 DD Form 214 contains an incorrect social security number in Item 3. It is apparent that this entry was the result of an administrative error made by out-processing personnel during the applicants out-processing. Therefore, it would be appropriate to now correct the applicant's separation document to show his correct social security number.
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 8 February 1968 DD Form 214 by deleting sixth digit of the social security number listed and replacing it with the digit "7" and by providing him with a correction to his separation document that includes this change.
_______ _ _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) AR20080016076
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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