BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090006058
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his social security number (SSN) as XXX-XX-3634.
2. The applicant states, in effect, that his SSN has been XXX-XX-3634 since June 1963.
3. The applicant provides copies of a Social Security Administration document listing his social security number and stating, "Your social security card is the official verification of your social security number," his social security card bearing the number XXX-XX-3634, and his DD Form 214 in support of his request.
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 was inducted into the Army of the United States on 24 May 1968. He listed his SSN as unknown.
3. Throughout his period of active duty service, some documents list his SSN as unknown; most show it as XXX-XX-2240; but several, including a 15 October 1969 request for a new identification card and his 20 December 1969 installation clearance record from Vietnam, list it as XXX-XX-3634.
4. The applicant's separation orders, Special Orders Number 358, dated 24 December 1969, list his SSN as XXX-XX-3634.
5. The applicant was released from active duty on 24 December 1969 and transferred to the U.S. Army Reserve (Annual Training) in pay grade E-4. His DD Form 214 lists his SSN as XXX-XX-2240.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy and provides the line-by-line guidance for completing the DD Form 214. Paragraph 2-3 lists documents to be used in preparing the DD Form 214 and includes the separation orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that his SSN has been XXX-XX-3634 since June 1963 and asks that his DD Form 214 be corrected.
2. It appears that the applicant did not know his SSN when he was inducted. At that time, service numbers were issued by the Army and used for all personnel actions. SSN's were just coming into common usage. A system for establishing "temporary" SSN's was in place until a Soldier could learn or receive his actual SSN.
3. Army Regulation 635-5 instructions for completing the DD Form 214 provide that the separation orders are an appropriate source document.
4. In this case the applicant's correct SSN was known and, in fact, appeared on his separation orders. His DD Form 214 should be corrected to show his SSN as XXX-XX-3634 as it is listed on his separation orders, Special Orders Number 358, dated 24 December 1969.
5. At the same time, it would be undesirable to lose evidence of the fact that he also served using the other number. Therefore, only the DD Form 214 should be changed.
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 the SSN shown on his DD Form 214 to read XXX-XX-3634.
_____________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) AR20090006058
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ABCMR Record of Proceedings (cont) AR20090006058
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