IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080016298
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected.
2. The applicant states, in effect, that Item 3 of his separation document incorrectly shows the number 8 as the seventh character of his SSN instead of the correct number, which is 6.
3. The applicant provides a copy of his Social Security Card and separation document 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 applicant's military records show he was inducted into the Army of the United States and entered active duty on 15 February 1968. The Record of Induction (DD Form 47) prepared during his induction processing lists his SSN with the number "8" as the seventh character. The Enlisted Qualification Record (DA Form 20) prepared on him upon his entry active contains the number "6" in the seventh character of his SSN.
3. The applicant continuously served until he was honorably released from active duty (REFRAD) by reason of expiration of term of service (ETS) on 13 February 1970. The DD Form 214 issued to the applicant at that time lists the number "8" in the seventh character of his SSN in Item 3.
4. With the exception of the applicants Record of Induction and DD Form 214, the majority of orders, documents, and other information on file in the applicants record list the SSN with the number "6" as the seventh character, as is entered on the applicant's DA Form 20, which was used throughout his active duty tenure.
5. The applicant provides a copy of his Social Security Card that was issued by the Social Security Administration. This card confirms the SSN listed on his Enlisted Qualification Record with the number 6 in the seventh character is his official and correct SSN.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the SSN listed on his DD Form 214 is incorrect has been carefully considered and found to have merit. The evidence of record clearly shows that administrative errors occurred that resulted in an incorrect SSN being listed on his DD Form 47 and his DD Form 214, and that his qualification record and all other documents on file in his record contain the correct SSN using the number "6" as the seventh character. As a result, it would be appropriate to correct his DD Form 214 accordingly.
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 13 February 1970 DD Form 214 by changing the seventh character of the social security number listed to read "6" vice "8," as is currently listed; and by issuing him a corrected 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) AR20080016298
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ABCMR Record of Proceedings (cont) AR20080016298
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