IN THE CASE OF:
BOARD DATE: 27 August 2010
DOCKET NUMBER: AR20100008723
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 the social security number (SSN) as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN was incorrectly entered as 347-XX-XXXX. The SSN shown on his social security card is 357-XX-XXXX.
3. The applicant provides copies of his social security card and DD Form 214.
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 24 August 1966. He was trained in and awarded military occupational specialty 64A (Light Vehicle Driver). He was honorably released from active duty on 5 August 1968 after completing 1 year, 11 months, and 12 days of active military service.
3. A DD Form 47 (Record of Induction) shows the applicant was assigned service number USXXXXX064. The form does not show his SSN.
4. His DA Form 20 (Enlisted Qualification Record) shows service number USXXXXX064 and SSN 357-XX-XXXX.
5. His DD Form 214 shows in item 2 (Service Number) USXXXXX064 and in item 3 (Social Security Number) 347-XX-XXXX.
6. The applicant's official military personnel file (OMPF) contains a DA Form 2139 (Military Pay Voucher) for the period 1-5 August 1968. The voucher shows the service number USXXXXX064. The form does not show an SSN.
7. Letter Orders Number 07-1281322, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, dated 26 July 1972, honorably discharged the applicant from the USAR. The orders show SSN
357-XX-XXXX.
8. A review of his OMPF shows his DD Form 214 is the only document bearing the SSN 347-XX-XXXX. All other documents bearing an SSN show
357-XX-XXXX.
9. The social security card provided by the applicant shows the SSN
357-XX-XXXX.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. The regulation in effect at the time provided that for item 3, transcribe the SSN from the DA Form 2139 (Military Pay Voucher). The regulation further provided that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the SSN shown on his DD Form 214 is supported by the evidence.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. With the exception of the DD Form 214, all documents in the applicant's OMPF bearing an SSN show 357-XX-XXXX, which matches the SSN on the applicant's social security card.
4. The preponderance of evidence indicates the SSN shown on the applicant's DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created. Accordingly, the applicant is entitled to correction of his DD Form 214 to show the SSN 357-XX-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 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
deleting 347-XX-XXXX from item 3 of his DD Form 214 and adding
357-XX-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) AR20100008723
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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