IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100000856
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 Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN).
2. The applicant states his SSN is wrong on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and 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 was inducted into the Army of the United States on 5 July 1966 and was discharged on 8 July 1966 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 9 July 1966 and was separated on 11 February 1969.
3. His DD Form 214, authenticated in his own hand, shows a completely different SSN as shown on the social security card he provided with his application.
4. The majority of the documents in the applicant's service record show the SSN as shown on his social security card.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. 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.
6. Army Regulation 635-5 states that for item 3 (SSN), verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN is wrong on his DD Form 214. There is sufficient evidence on which to grant the relief requested.
2. The majority of the documents in the applicant's service record shows the SSN as shown on his social security card. However, his DD Form 214 shows a different SSN.
3. It appears that an administrative error occurred in this case and it would be appropriate to amend the applicant's DD Form 214 to reflect the SSN as shown on his social security card.
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 his DD Form 214 to show the SSN as shown on his social security card.
____________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) AR20100000856
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ABCMR Record of Proceedings (cont) AR20100000856
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