DOCKET NUMBER: AR20090005031
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 the social security number (SSN) 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 SSN on his DD Form 214 is incorrect. He states that his SSN should be 3**-4*-8--6 vice 8**-4*-8**6.
3. The applicant provided a copy of his DD Form 214 and a copy of a social security card 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 and entered active duty on 18 October 1967.
3. Item one (Name) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as 3**-4*-*8**6.
4. The applicant's record contains a DA Form 47 (Record of Induction) which shows his SSN in item 18c (remarks) as 3**-4*-8**6.
5. The applicant's record contains a copy of General Orders Number 8182, 1st Infantry Division, APO San Francisco dated 10 August 1968, which shows his SSN as 3**-4*-8**6.
6. The applicant's record contains a copy of General Orders Number 746, 1st Infantry Division, APO San Francisco dated 25 January 1969, which shows his SSN as 3**-4*-8**6.
7. On 25 May 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve after completing a total of 1 year, 11 months, and 22 days of active military service. Item 3 (Social Security Number) of the applicants DD Form 214 shows his SSN upon discharge as 8**-4*-8**6.
8. The applicant provides a copy of a social security card. This card shows the applicant's SSN as 3**-4*-8**6, the account number he now claims is the correct number.
9. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, that the Soldier's SSN would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN contained on his DD Form 214 is incorrect was carefully considered. The evidence of record shows that all records, orders, and documents on file in the applicant's record contain the same SSN he now claims to be correct.
2. The evidence of record confirms that applicant's 25 May 1969 DD Form 214 contains an incorrect SSN number in item 3. It is apparent that this entry was the result of an administrative error. Therefore, it would be appropriate to now correct the applicant's DD Form 214 to show his correct SSN.
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 25 May 1969 DD Form 214 by deleting the first digit of the SSN listed and replacing it was the digit "3" and by providing him with a correction to his DD Form 214 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.
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
ABCMR Record of Proceedings (cont) AR20090005031
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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