IN THE CASE OF:
BOARD DATE: 26 AUGUST 2009
DOCKET NUMBER: AR20090005275
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 his social security number (SSN) on his DD Form 214 (Report of Separation From Active Duty) with an effective date of 22 March 1968 be corrected to read ***-**-7857 instead of ***-**-7867.
2. The applicant states it appears there was a typing error and he is now applying for social security benefits.
3. The applicant provides, in support of his application, copies of his
DD Form 214 and his social security card.
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 personnel records show he was inducted into the Army of the U.S. on 11 April 1966. At the time of his induction Soldiers were identified by an Army Service Number (ASN). His DD Form 47 (Record of Induction) and his orders for induction show he was assigned the ASN US****1053.
3. Most of the applicant's military records identify him using his ASN only. However, there are forms in his records that show his SSN as ***-**-7857 only and some records identify him with both the ASN US****1053 and the
SSN ***-**-7857.
4. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant's SSN as ***-**-7857.
5. Item 2 (Service No.) of the applicant's DA Form 41 (Record of Emergency Data) shows his ASN as US****1053. Item 8 (Social Security Number) of his DA Form 41 shows his SSN as ***-**-7857.
6. Orders for transfer and orders for promotion contained in the applicant's Military Personnel Records Jacket (MPRJ) identify him with the ASN US****1053 and the SSN ***-**-7857.
7. A DD Form 398 (Statement of Personal History) was completed and signed by the applicant on 13 April 1966. The applicant entered his SSN on this form as ***-***-7857.
8. The applicant's orders releasing him from active duty, dated 21 March 1968, identify him with the ASN US****1053 and the SSN ***-**-7857.
9. On 22 March 1968, the applicant was released from active duty. He had completed 1 year, 11 months, and 12 days of active service that was characterized as honorable. Item 2 (Service Number) of his DD Form 214 contains the entry US****1053. Item 3 (Social Security Number) of his
DD Form 214 contains the entry ***-**-7867.
10. Orders discharging the applicant from the U.S. Army Reserve identified him with the SSN ***-**-7857.
11. The applicant's pay records were not available for review.
12. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it stated the entry for item 3 of the DD Form 214 was to be transcribed from the DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
1. The regulation states the entry for item 3 of the DD Form 214, the applicant's SSN, was to be taken from a DA Form 2139. However, there is no
DA Form 2139 available for review.
2. At the time of his induction the applicant was assigned the ASN US****1053. Although the applicant's SSN was not used as a means of identification, many documents in his MPRJ identify him with the ASN US****1053 and the
SSN ***-**-7857. The applicant's orders for separation, typed the day before his separation, identify him with the ASN US****1053 and the SSN ***-**-7857. Therefore, the preponderance of evidence in this case shows the applicant's correct SSN is ***-**-7857. Therefore, it is appropriate to change item 3 of his DD Form 214 to reflect his correct SSN as ***-**-7857.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
X
________ ________ ________ 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 changing item 3 of his DD Form 214 issued on 22 March 1968 to read
***-**-7857 instead of ***-**-7867
_______ _ __XXX_____ ___
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) AR20090005275
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ABCMR Record of Proceedings (cont) AR20090005275
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