IN THE CASE OF:
BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090006198
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 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-x2-xxxx" instead of "xxx-x5-xxxx."
2. The applicant states that his DD Form 214 contains and incorrect SSN.
3. The applicant provides a copy of his DD Form 214, dated 13 January 1967; a copy of Letter Orders 12-373844, dated 20 December 1968; a copy of EA Form 843 (Personnel Data Sheet); a copy of his U.S. Army Reserve Discharge Orders, dated 24 December 1969; copies of his 1964, 1965, and 1966 W-2 Forms; a copy of his DA Form 2349 (Military Pay Voucher), dated 15 January 1966; a copy of his Social Security Card; a copy of his DA Form 11-78 (Projectionist Card), dated 6 November 1964; a copy of his I.D. Tags; a copy of orders awarding him the Good Conduct Medal; a copy of his separation orders; and a copy of orders awarding him the Expert Marksmanship Qualification Badge, 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. Prior to the applicant's enlistment in the Regular Army (RA), his recruiter submitted a DD Form 370 (Request for Report from Employer, School, Personal Reference) on 18 December 1963, to his supervisor to determine the applicant's qualification for enlistment. This form listed the applicant's SSN as "xxx-x2-xxxx."
3. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 16 January 1964. Item 2 (Service Number) of the applicants DD Form 4 (Enlistment Record) shows his service number but not his SSN. He authenticated this form by placing his signature in the appropriate block.
4. On 5 February 1964, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "xxx-x2-xxxx."
5. The applicants DA Form 20 (Enlisted Qualification Record), created upon his enlistment shows his Service Number; it does not show his SSN.
6. The applicants records show he was honorably released from active duty on 13 January 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 32 (Remarks) of his DD Form 214 shows his SSN as "xxx-x5-xxxx." The applicant authenticated this form by placing his signature in Item 31 (Signature of Person Being Transferred or Discharged) in the appropriate block.
7. the applicant submitted various documents including his Personnel Data Sheet, copies of his 1964, 1965, and 1966 W-2 Forms, a copy of his Military Pay Voucher, a copy of his Social Security Card, and other documents that show his SSN as "xxx-x2-xxxx."
8. 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 his DD Form 214 should be corrected to show his correct SSN.
2. The evidence of record shows that the applicant used the SSN "xxx-x2-xxxx" throughout his military service. His record contains various personnel documents that show the number "2" in the fifth digit of his SSN. It appears that his DD Form 214 erroneously listed his SSN as "xxx-x5-xxxx" with the number "5" instead of the number "2" in the fifth digit.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. Therefore, he is entitled to correction of his 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 deleting from item 32 of the applicant's DD Form 214 the entry "SSAN: xxx-x5-xxxx" and replacing it with the entry "xxx-x2-xxxx."
_______ _ _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) AR20090006198
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ABCMR Record of Proceedings (cont) AR20090006198
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