BOARD DATE: 10 September 2009
DOCKET NUMBER: AR20090006691
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as XXX-XX-XX18 instead of XXX-XX-XX88. He also requests all pay while on active duty be recalculated from 13 March 1968 to 13 March 1970.
2. The applicant states that the SSN is incorrect on his DD Form 214.
3. The applicant provides a copy of his social security card and a social security administration printout indicating his social security number in support of this 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 request for recalculation of all pay while on active duty from 13 March 1968 to 13 March 1970 is not a request for a correction of a record. If he feels there is an error in this regard he should submit an inquiry to the Defense Finance and Accounting Service at the following address: Defense Finance and Accounting Service-Indianapolis (DFAS-IN), 8899 East 56th Street, Indianapolis, IN 46249-2301. Therefore, this portion of his request will not be discussed further in these proceedings.
3. The applicant's military records show he was inducted into the Army of the United States on 13 March 1968. He was awarded the military occupational specialty of light weapons infantryman and was promoted to pay grade E-6.
4. The applicant was released from active duty on 13 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 2 years and 1 day of creditable active service. The DD Form 214 he was issued shows his SSN as XXX-XX-XX88.
5. The social security card provided by the applicant shows his SSN as
XXX-XX-XX18. His DD Form 47 (Record of Induction), DA Form 20 (Enlisted Qualification Record), orders (except his discharge order), and all other documents in his available records that contain an SSN show his SSN as
XXX-XX-XX18.
6. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, stated that for item 3 (Social Security Number), transcribe the SSN from the Soldier's DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
The available records do not contain the applicant's DA Form 2139 as described in Army Regulation 635-5 in effect at the time. However, his DD Form 47, DA Form 20, orders (except his discharge order), and all other documents in his available records that contain an SSN show his SSN as XXX-XX-XX18, which is the same SSN as that reflected on his social security card. It appears that the SSN reflected on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct this DD Form 214 to show his SSN as XXX-XX-XX18.
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 the entry "XXX-XX-XX88" and replacing it with the entry "XXX-XX-XX18."
____________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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