IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080016486
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, correction of the social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that the third digit of his social security number is a "7" and not a "1" as shown on his DD Form 214. He also states, in effect, that the error should be corrected to avoid any problems with social security and burial benefits.
3. In support of his application, the applicant provides copies of his DD Form 214, his social security card, and a notification from the Social Security Administration.
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 in pay grade E-1 on 25 January 1966. At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix "US."
3. The applicant provided a copy of his social security card showing the third digit as a "7."
4. The applicant's DA Form 20 (Enlisted Qualification Record), item 1 (Name and Service Number), and some of his records list the same social security number as shown on the applicant's social security card.
5. The applicant was honorably released from active duty in pay grade E-4 on 5 January 1968 as an overseas returnee and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).
6. Item 2 (Service Number) of the applicant's DD Form 214 shows the number with which he was identified throughout his service in the Army. Item 3 (Social Security Number) shows the third digit of his social security number as a "1."
7. The applicant was issued Letter Orders Number 01-1017529, dated 12 January 1972, announcing his discharge from the USAR on 24 January 1972 at the expiration of his term of service. These orders list the same social security number as shown on the applicant's social security card.
8. The applicant provided a notification from the Social Security Administration, Sterling, Illinois, dated 16 October 2008, that states records indicate the social security number listed on the social security card is that of the applicant and was issued to him in January 1962, prior to the applicant's induction.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to correction to his social security number on his DD Form 214. The third digit was erroneously entered as "1." The evidence of record and documentation submitted with the application shows the third digit of the social security number should be a "7." Therefore, it is concluded that the third digit of the social security number shown on his DD Form 214 should be corrected to show a "7."
2. In view of the foregoing, the applicants records should be corrected as recommended 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 showing on the DD Form 214 of the individual concerned the third digit of the social security number as a "7" and by providing him a separation document that includes this correction.
____________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) AR20080016486
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ABCMR Record of Proceedings (cont) AR20080016486
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