IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009362 


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 correct social security number (SSN).

2.  The applicant states, in effect, the SSN on his DD Form 214 shows the SSN of "xxx-xx-0xxx," however, his SSN is "xxx-xx-6xxx."

3.  The applicant provides, in support of his application, copies of his DD Form 214 and Social Security Account Number (SSAN) stub.

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.  A DD Form 398 (Statement of Personal History), dated 12 May 1966, shows in Item 13 (Employment), Social Security Number, that the applicant entered "xxx-xx-6xxx."

3.  The applicant enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 17 May 1966.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item
1 (Name) the applicant's name, Service Number, and SSN.  The SSN is recorded as "xxx xx 0xxx."

5.  The applicant's DD Form 214 shows he entered active duty on 17 May 1966, and he was honorably released from active duty (REFRAD) on 16 May 1969 based on his expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  Item 3 (Social Security Number) contains the entry "xxx xx 0xxx."

6.  Headquarters, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 04-1139057, dated 19 April 1972, show the applicant was honorably discharged from the USAR on 16 May 1972.  The Standard Name Line of the orders show the applicant's SSN as "xxx-xx-6xxx."

7.  In support of his application, the applicant provides a copy of his SSAN stub that shows his SSN is "xxx-xx-6xxx."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge 



documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for Item 3 state, "verify accuracy with the SSN of record."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN is "xxx-xx-6xxx."

2.  The evidence of record shows the applicant prepared a DD Form 398 prior to his enlistment in the RA and he affirmed that his SSN was "xxx-xx-6xxx."  In addition, the applicant's SSAN stub confirms his SSN is "xxx-xx-6xxx."

3.  The evidence of record shows the applicant's SSN was incorrectly recorded on his DA Form 20 as "xxx xx 0xxx."  As a result, it appears this typographical error resulted in the incorrect SSN being recorded on the applicant's DD Form 214 at the time he was REFRAD on 16 May 1969.

4.  Letter Orders show the applicant was honorably discharged from the USAR on 16 May 1972 and that the correct SSN was recorded on these orders.

5.  In view of the foregoing, the evidence of record clearly shows that the SSN that was entered on the applicant's DD Form 214 is in error.  Therefore, it would be appropriate to correct the SSN on the applicant's DD Form 214 to show the SSN "xxx xx 6xxx."

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 his DD Form 214 the entry "xxx xx 0xxx" and replacing it with the entry "xxx xx 6xxx."



      _______ _   _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)                                         AR20090009362



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ABCMR Record of Proceedings (cont)                                         AR20090009362



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