IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005019
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 (SSN) as "xxx-x6-xxx" instead of "xxx-x7-xxxx."
2. The applicant states he has a different SSN.
3. The applicant provides his DD Form 214 and a Social Security card.
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 19 January 1967. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.
3. In connection with his induction, he completed a DD Form 398 (Statement of Personal History) in which he listed his SSN as "xxx-x6-xxxx." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his full SSN as "xxx-x6-xxxx." He authenticated this form by placing his signature in the appropriate block. He last audited this form on 16 August 1968.
5. His record contains a DA Form 41 (Record of Emergency Data) as well as various other personnel and medical documents, including promotion, reassignment, award, and separation orders, wherein he listed his SSN or his SSN was listed as "xxx-x6-xxxx." He authenticated those documents requiring a signature by placing his signature in the appropriate block.
6. He was honorably released from active duty as an overseas returnee on
8 January 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 (SSN) of his DD Form 214 shows the entry "xxx-x7-xxxx." He authenticated this form with his signature.
7. He submitted a Social Security card that contains a name similar to his and the SSN "xxx-x6-xxxx."
8. Army Regulation 635-5 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. The DD Form 214 is a synopsis of the Soldiers 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:
The applicant used the SSN "xxx-x6-xxxx" upon his induction into the Army. He consistently used this SSN throughout his military service. He authenticated those documents, as required, by placing his signature in the appropriate blocks, indicating this was his correct "SSN." It appears his DD Form 214 contains the SSN of "xxx-x7-xxxx" as a result of an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as
"xxx-x6-xxxx."
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting from item 3 of his DD Form 214 the entry "xxx-x7-xxxx" and replacing it with the entry "xxx-x6-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) AR20110005019
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110005019
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