DOCKET NUMBER: AR20090010401
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 the social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty) and a review of his pay record to ensure he received all entitlements and that the proper SSN account received credit.
2. The applicant states he discovered that his separation document was incorrect while reviewing important papers for his will.
3. The applicant provides a copy of two DD Forms 214 and a copy of his social security card 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 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. The applicant's record shows he enlisted in the Regular Army on 24 November 1972. The applicant completed basic and advanced individual training and was awarded military occupational specialty 05C (Radio Teletype Operator). On 7 February 1975, the applicant reenlisted for 4 additional years of service. On 6 March 1979, he was honorably separated after having served a total of 6 years, 3 months, and 13 days of active military service.
3. The applicant's record contains two DD Forms 4 (Enlistment Contract - Armed Forces of the United States), dated 24 November 1972 and 7 February 1975, which show different SSN's in item 1 (Service No./SSAN). The 24 November 1972 DD Form 4 shows his SSN as XXX-XX-3935 and the 7 February 1975 DD Form 4 shows his SSN as XXX-XX-3955. Both DD Forms 4 were authenticated with the applicant's signature.
4. The applicant's record also contain two DD Forms 214, effective 6 February 1975 and 6 March 1979, which show the entry XXX-XX-3955 in item 3 (Social Security Number). The applicant authenticated with his signature the DD Form 214 effective 6 February 1975. He was not available to sign the
DD Form 214 effective 6 March 1979.
5. The applicant's record contains a National Guard Bureau Form 22 (Report of Separation and Record of Service) effective 1 April 1984 which shows his SSN as XXX-XX-3935.
6. The applicant provides a copy of his SSN card which shows his SSN as
XXX-XX-3935.
7. Army Regulation 635-5 (Personnel Separations 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 for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's 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's contentions that his DD Form 214 incorrectly shows his SSN was carefully considered and found to have merit.
2. The SSN card provided by the applicant shows his SSN as XXX-XX-3935. In addition, one of his enlistment contracts shows his SSN as XXX-XX-3935. As a result, it would be appropriate to correct the applicant's two DD Forms 214 to show his SSN as XXX-XX-3935.
3. There are no apparent pay errors in the applicant's record. However, this Board is not an investigative body and auditing pay records is not under its purview. If the applicant has a specific pay issue which he believes to be in error and has exhausted all administrative remedies to get it corrected, he may apply to this Board for those matters.
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 correcting item 3 of his DD Forms 214 effective 6 February 1975 and 6 March 1979 to show the SSN XXX-XX-3935 and issuing the applicant a corrected DD Form 214 showing these corrections.
____________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) AR20090010401
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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