IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010765
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 (Report of Separation from Active Duty) effective 28 January 1976 to show his social security number as XXX-XX-5218.
2. The applicant states the DD Form 214 in question shows his social security number as XXX-XX-5210.
3. The applicant provides copies of his DD Form 214 and his 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 enlisted in the Regular Army on 13 May 1970 for 3 years. He twice reenlisted and remained on active duty until 28 January 1976 when he was discharged.
3. All three of the applicant's DD Forms 4 (Enlistment Contract - Armed Forces of the United States) show his social security number as XXX-XX-5218.
4. The applicant's two DD Forms 214 effective 1 April 1971 and 2 December 1971 show his social security number as XXX-XX-5218.
5. The applicant's DD Form 214 effective 28 January 1976 shows his social security number as XXX-XX-5210.
6. The applicant's DA Form 20 (Enlisted Qualification Record), DA Form 2 (Personnel Qualification Record - Part I), and DA Form 2-1 (Enlisted Qualification Record - Part II) show his social security number as XXX-XX-5218.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It requires entry of the Soldier's social security number in item 3 (Social Security Number).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 effective 28 January 1976 should be corrected to show his social security number as XXX-XX-5218.
2. The evidence of record clearly shows the applicant enlisted using social security number XXX-XX-5218 and used this same number throughout his entire period of military service. However, the applicant's last DD Form 214 shows a different social security number and should be corrected.
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 showing his social security number as XXX-XX-5218 in item 3 of his DD Form 214 effective 28 January 1976.
____________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) AR20100010765
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ABCMR Record of Proceedings (cont) AR20100010765
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