IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20090000410
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 August 1967 to show his Social Security Number (SSN) as xxx-xx-xx7x instead of
"xxx-xx-xx8x.
2. The applicant states, in effect, that the eighth digit of his SSN is incorrectly shown on his DD Form 214.
3. The applicant provides a copy of a Social Security Administration document which is hand stamped 31 December 2008 and a copy of his DD Form 214, dated 11 August 1967, 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. The applicants records show he was inducted in the United States Army on 12 August 1965 for a two-year period. The applicant's DD Form 4 (Enlistment Record-Armed Forces of the United States) is not available for the Board to review.
3. The applicants DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his SSN as xxx-xx-xx7x. The DA Form 20 was audited on 17 August 1965 and the applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).
4. The applicant's military personnel records show his Service Number was used consistently in the publication of military orders and related documents.
5. On 11 August 1967, the applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 3 of the DD Form 214 he was issued shows his SSN as "xxx-xx-xx8x."
6. The applicant submitted a Social Security Number Printout from the Social Security Administration, date stamped 31 December 2008, which shows the applicant's Social Security Number as "xxx-xx-xx7x."
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the eighth digit of SSN is incorrectly shown on his DD Form 214, dated 11 August 1967.
2. The applicant's records contain a DA Form 20 that he authenticated in his own handwriting, on 17 August 1965, that was created upon the applicants entrance into the Army. This document shows the applicant used the number 7 as the eighth digit of his SSN. He has also submitted a document from the Social Security Administration verifying that the eighth digit of his SSN is the number 7.
3. There is sufficient and verifiable evidence that the applicant's SSN was incorrectly typed on his DD Form 214. Therefore, it would be appropriate to change the applicant's DD Form 214 to properly reflect the eighth digit of the SSN as "7."
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 entry "xxx-xx-xx8x" from Item 3 of the individuals DD Form 214, issued on 11 August 1967; and
b. adding the entry "xxx-xx-xx7x" to Item 3 of the DD Form 214, issued on
11 August 1967.
_______ _ 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) AR20090000410
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ABCMR Record of Proceedings (cont) AR20090000410
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