IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080017964
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 that the social security account number (SSAN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 17 November 1968.
2. The applicant states, in effect, that his SSAN on his DD Form 214 should be changed from 547-XX-XXXX to 350-XX-XXXX.
3. The applicant provides a copy of his social security card, a copy of his DD Form 214 and a copy of his social security statement in support of his 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. On 14 January 1966, the applicant enlisted in Regular Army for a period of
2 years. The applicant's DA Form 3027 (US Army Request For National Agency Check), dated 25 January 1966, shows his SSAN as 350-XX-XXXX. The Enlisted Qualification Record (DA Form 20) created upon entry on active duty only shows his service number.
3. On 17 November 1966, the applicant was honorably discharged to accept a commission as an officer in the United States Army Reserve (USAR).
4. On 18 November 1966, the applicant was appointed as a commissioned officer in the USAR. The applicant's DA Form 66 (Officer Qualification Record) that was created on the date of entry shows his SSAN as 350-XX-XXXX.
5. All of the available documents in the applicants Military Personnel Records Jacket (MPRJ) show his SSAN as (350-XX-XXXX).
6. On 17 November 1968, the applicant was honorably relieved from active duty under the provisions of Army Regulation 135-173, by reason of (Expiration of Active Duty Commitment). The DD Form 214 he was issued at the time shows his SSAN as 547-XX-XXXX. His discharge orders from the USAR, dated 29 December 1971, also show his SSAN as 350-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSAN shown on his DD Form 214 is incorrect has been carefully considered and found to have merit.
2. The available evidence shows the applicants SSAN as 350-XX-XXXX throughout his military career as an enlisted Soldier and as a commissioned officer.
3. The applicant's DD Form 214 is incorrect and should be corrected.
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:
a. deleting the SSAN that is currently shown on his DD Form 214 issued on
17 November 1968; and
b. adding SSAN 350-XX-XXXX.
_______ _ _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) AR20080017964
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