IN THE CASE OF:
BOARD DATE: 25 JUNE 2009
DOCKET NUMBER: AR20090004585
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 Item 3 Social Security Number (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 October 1970.
2. The applicant states, in effect, that his SSN reflected on his DD Form 214 is incorrect. He states that the fourth and fifth digits of his SSN should be 56 instead of 65, as is entered.
3. The applicant provides his DD Form 214 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 record shows he enlisted in the Regular Army and entered active duty on 7 January 1969, and was trained in and awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic).
3. The applicant's Official Military Personnel File (OMPF) contains an Enlistment Contract-Armed Forces of the United States, which was prepared during his enlistment processing. This document shows in Item 19 (SSN) the applicant's fourth and fifth digit of his SSN as "56. It also contains a National Agency Check Request (DD Form 1584), dated 11 January 1969, which also shows the fourth and fifth digit of his SSN as "56.
4. The applicant's OMPF contains a Statement of Personal History (DD Form 398), which the applicant prepared in conjunction with his enlistment. This document shows the applicant annotated in Item 13 the SSN he now claims to be correct, which lists the fourth and fifth digits as 56.
5. Headquarters, 212th Field Artillery Group Special Orders Number 246, dated
29 October 1970, which discharged the applicant for the purpose of immediate reenlistment lists the applicants SSN with the numbers 56 as the fourth and fifth digits, which he now claims is correct.
6. On 29 October 1970, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued upon his discharge shows he had completed a total of 1 year, 9 months, and 23 day of active military service. The SSN listed in Item 3 (Social Security Number) erroneously reflects the number "6" as the fourth digit and the number 5 as the fifth digit.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph
2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that the SSAN listed in the separation document will be taken from the soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the fourth and fifth digits of his SSN were erroneously reversed in item 3 of his DD Form 214, and should be "56" instead 65, as is entered was carefully considered and found to have merit. The evidence of record confirms the SSN under which the applicant enlisted and served contained the numbers "56" as the fourth and fifth digit, as evidenced by entries on his DD Form 4, DD Form 398, and in orders on file in his record.
2. Further, all official documents in his OMPF reflect the applicants SSN with the numbers 56 in the fourth and fifth digits, which he now confirms is correct. As a result, it would be appropriate to correct the applicant's DD Form 214 accordingly.
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 amending item 3 of his 29 October 1970 DD Form 214 by correcting the SSN to show the numbers 56 as the fourth and fifth digits of the SSN; and by providing him a correction to his DD Form 214 that reflects this change.
_______ _ XXX_______ ___
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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