IN THE CASE OF:
BOARD DATE: 20 AUGUST 2009
DOCKET NUMBER: AR20090006043
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 his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 December 1964 be corrected to read ***-**-6957 instead of ***-**-6857.
2. The applicant states the SSN on his DD Form 214 is incorrect and should read ***-**-6957.
3. The applicant provides copies of his social security card showing his SSN as ***-**-6957, a letter from the Social Security Administration, and his DD Form 214 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 applicant's 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 applicant's 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 United States on 4 December 1962. At the time of his induction Soldiers were identified by an Army Service Number (ASN). Most of the applicant's military records identify him using his ASN only. His DD Form 47 (Record of Induction) shows he was assigned the ASN US****7219. U.S. Army Recruiting Station Baltimore, Baltimore, MD, Special Orders Number 250, dated 4 December 1962, lists those individuals inducted on 4 December 1962. The applicant is listed on these orders and is identified with the ASN US****7219.
3. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) identifies the applicant's SSN as ***-**-6957.
4. The first block of the applicant's DA Form 24 (Service Record) identifies the applicant with the SSN ***-**6957.
5. Item 2 (Present Service No.) of the applicant's DA Form 41 (Record of Emergency Data) shows his ASN as US****7219. Item 8 (Social Security Number) of his DA Form 41 shows his SSN as ***-**-6957.
6. On 1 December 1964, the applicant was released from active duty. He had completed 1 year, 11 months, and 28 days of active service that was characterized as honorable.
7. Item 2 (Service Number) of the applicant's DD Form 214 contains the entry, US****7219. Item 32 (Remarks) of his DD Form 214 contains the entry, SSAN: ***-**-6857.
8. A letter from the Social Security Administration, dated 27 January 2009, states that their records indicate that the SSN ***-**-6957 is assigned to the applicant.
9. Army Regulation 635-5 (Separation Documents), effective 2 March 1960, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it stated to transcribe the Social Security Account Number (SSAN) from the DA Form 24 in the following manner: "SSAN: 000-00-0000" for entry in item 32 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The regulation states that an individual's SSN is to be taken from his DA Form 24 and transcribed to item 32 of his DD Form 214. In this case the DA Form 24 shows the applicant's SSN as ***-**6957. Therefore, the applicant's SSN was clearly transcribed incorrectly.
2. The DA Form 24, the DA Form 41, and the letter from the Social Security Administration all show the applicant's SSN as ***-**-6957.
3. In view of the above, the preponderance of the evidence indicates the applicant's correct SSN is ***-**-6957. Therefore, it is appropriate to correct his DD Form 214 to reflect 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 changing the entry in item 32 of the applicant's DD Form 214 as follows:
a. delete: SSAN: ***-**-6857 and
b. add: SSAN: ***-**-6957.
_________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) AR20090006043
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ABCMR Record of Proceedings (cont) AR20090006043
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