BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20100000310
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, in effect, 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-X2-XXXX" instead of "XXX-X7-XXXX."
2. The applicant states, in effect, his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a copy of a social security card, and a copy of a reconstructed record.
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years 17 July 1967. His DD Form 4 (Enlistment/Reenlistment Document), which would have shown the SSN he used upon enlistment, is not available for review with this case.
4. His DD Form 214 also shows he served in military occupational specialty 62E (Crawler Tractor Operator) within and outside the continental United States and he attained the rank/grade of specialist four/E-4.
5. His reconstructed records contain a DD Form 53 (Notification of Entry into Military Service), dated 17 July 1967, that shows his service number, but not his SSN. His reconstructed records also contain a copy of a Standard Form 88 (Report of Medical Examination), dated 17 June 1970, that shows his SSN with the number "2" in the fifth digit.
6. He was honorably released from active duty on 16 July 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. Item 3 (SSN) of his DD Form 214 shows his SSN with the number "7" in the fifth digit. He authenticated this form by placing his signature in the appropriate block.
7. He submitted a copy of a social security card that contains his name and the SSN "XXX-X2-XXXX." He also submitted a copy of a reconstructed record, dated 1 July 1973, that shows his SSN with the number "7" in the fifth digit.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records, specifically his enlistment record, are not available for review with this case. However, his reconstructed record contains a copy of a Standard Form 88, dated 17 June 1970, that shows his SSN with the number "2" in the fifth digit. This number is inconsistent with that shown on his DD Form 214.
2. The applicant submitted a copy of a social security card that contains his name with the number "2" in the fifth digit of his SSN. It appears that a clerical error occurred in the preparation of his DD Form 214.
3. Therefore, his DD Form 214 should be corrected to show his SSN with the number "2" in the fifth digit.
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 DD Form 214 to show an SSN with the number "2" in the fifth digit.
___________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) AR20100000310
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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