IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090006230
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-xx-7xxx" instead of "xxx-xx-9xxx."
2. The applicant states that his DD Form 214 contains an incorrect SSN.
3. The applicant provides a copy of his DD Form 214, dated 20 April 1969, 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. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 8 September 1966. 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.
3. On 11 September 1966, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "xxx-xx-7xxx."
4. The applicants DA Form 20 (Enlisted Qualification Record), created on 14 September 1966, shows the applicant's SSN as "xxx-xx-7xxx."
5. On 26 September 1968, the applicant was issued Special Orders Number 270 awarding him a primary and a secondary military occupational specialty. The orders listed his SSN as "xxx-xx-7xxx."
6. On 8 March 1969, the applicant was issued general Orders Number 296 awarding him the Good Conduct Medal. The orders listed his SSN as "xxx-xx-7xxx."
7. The applicants records show he was honorably released from active duty on 20 April 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as "xxx-xx-9xxx."
8. 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. 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 as "xxx-xx-7xxx."
2. The evidence of record shows the applicant used the SSN "xxx-xx-7xxx" throughout his military service. His record contains various official documents that show the number "7" as the sixth digit of his SSN. It appears that his DD Form 214 erroneously lists his SSN as "xxx-xx-9xxx" with the number "9" instead of the number "7" as the sixth digit. 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 3 of the applicant's DD Form 214 SSN xxx-xx-9xxx" and replacing it with SSN "xxx-xx-7xxx."
_______ _ 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.
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