IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010633
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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is incorrect due to a typographical error.
3. The applicant provides a copy of his social security card in support of this 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's record contains a copy of Special Orders Number 6, Armed Forces Examining and Entrance Station, Philadelphia, PA, dated 9 January 1968, which show he was inducted into the Army of the United States on the same date under an SSN ending in "1189."
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the last four digits of his SSN as "1189."
4. He was honorably released from active duty on 1 January 1970 after completing 1 year, 11 months, and 23 days of active military service. The last four digits of item 3 (Social Security Number) of his DD Form 214 are shown as "1891."
5. Special Orders Number 1, U.S. Army Personnel Center, Oakland, CA, dated 1 January 1970, released the applicant from active duty and transferred him to the U.S. Army Reserve.
6. A review of his official military personnel file (OMPF) reveals his DD Form 214 is the only document showing the last four digits of his SSN as "1891."
7. The social security card provided by the applicant shows the last four digits of his SSN as "1189."
8. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. This regulation states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows 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. With the exception of the DD Form 214, all of the documents in the applicant's OMPF show the last four digits of his SSN as "1189," which matches the SSN shown on his social security card. Therefore, he is entitled to correction of item 3 of his DD Form 214 to show the last four digits of his SSN as "1189."
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 last four digits of his SSN as 1189.
___________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) AR20100010633
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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