IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090015793
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 as "xxx-6x-xxxx" instead of "xxx-7x-xxxx."
2. The applicant states, in effect, that a typographical error resulted in the incorrect social security number being entered on his DD Form 214. He discovered this error when he applied for social security benefits.
3. The applicant provides a copy of his DD Form 214 and social security card as documentary evidence 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. A review of documents contained in the applicant's military personnel records shows his social security number appears as both "xxx-6x-xxxx" and
"xxx-7x-xxxx" on several documents dated throughout his tenure of service.
3. Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as "xxx-7x-xxxx."
4. The applicant provides a copy of his social security card, issued by the U.S. Social Security Administration on 28 July 2008, which shows his social security number as "xxx-6x-xxxx."
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his social security number as "xxx-6x-xxxx" was carefully considered and determined to have merit.
2. Although the applicant's social security number appears as both "xxx-7x-xxxx" and "xxx-6x-xxxx" in his military personnel records; evidence from the U.S. Social Security Administration shows the applicant's social security number is
"xxxx-6x-xxxx." Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "xxx-6x-xxxx."
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 by corrected by deleting from item 3 of his DD Form 214 the entry "xxx-7x-xxxx" and replacing it with the entry "xxxx-6x-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) AR20090015793
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ABCMR Record of Proceedings (cont) AR20090015793
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