IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100011560
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 the Service Number (SN) and Social Security Number (SSN) listed on his DD Form 214 ( Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the SN and SSN listed on his DD Form 214 are incorrect and he believes this was due to typographical errors.
3. The applicant provides a copy of his DD Form 214 and of his SSN 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record contains a DD Form 398 (Statement of Personal History) completed by the applicant on 13 April 1966, during his enlistment processing. This document lists his SSN with the number 1 as the third digit. It also contains a DD Form 4 (Enlistment Record) that lists his SN with the number 8 as the second digit.
3. The applicants DA Form 20 (Enlistment Qualification Record) prepared on the applicant on 23 September 1966, upon his entry on active duty, lists his SN using the number 8 as the second digit and the number 1 as the third digit of his SSN in item 1 (Name and Service Number).
4. All orders and other documents on file in the applicants Military Personnel Records Jacket (DA Form 201), including a DA Form 873 (Certificate of Clearance and or Security Determination), list his SN using the number 8 as the second digit and his SSN listing the number 1 as the third digit.
5. On 26 April 1969, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 2 years, 7 months, and 7 days of active military service. Item 2 (Service Number) of the DD Form 214 in his record that was issued upon his separation correctly lists his SN using the number 8 as the second digit. Item 3 (Social Security Number) lists his SSN erroneously using the number 2 as the third digit.
6. The applicant provides a copy of a DD Form 214 that erroneously lists his
SN with the number 0 as the second digit in item 2 and his SSN with the number 2 as the third digit in item 3. This document is a copy and item 2 is unclear and appears to have been altered during copying.
7. Army Regulation 635-5 (Separation Documents) prescribes the documents to be issued Soldiers upon separation and provides guidance on the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicants separation provided for using the DA Form 20 and documents on file in the DA Form 201 as the source records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SN listed on his DD Form 214 is incorrect has been carefully considered. However, although the copy of the DD Form 214 provided by the applicant appears to contain an incorrect number of 0 as the second digit of the SN in item 2, the DD Form 214 in his record clearly lists the correct number 8 as the second digit. As a result, no further action by the Board is required on this portion of the requested relief. A copy of the DD Form 214 in the record will be provided to the applicant for his information and use.
2. The applicants contention that the SSN entered in item 3 of his DD Form 214 incorrectly lists the number 2 as the third digit has also been carefully considered and found to have merit. The DD Form 398 prepared by the applicant during his enlistment processing, the DA Form 20 prepared on him upon his entry on active duty, and all documents in his 201 file that contain an SSN list it using the correct number 1 as the third digit. Therefore, it appears the SSN was erroneously entered in item 3 of his DD Form 214 using the incorrect number 2 as the third digit as a result of an administrative error. Therefore, it would be appropriate to correct item 3 of his DD Form 214 accordingly.
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:
a. providing him a copy of the official DD Form 214 in his record containing the correct SN;
b. amending item 3 of his DD Form 214 by deleting the number 2 listed as the third digit of his SSN and adding the number 1; and
c. providing him a document that contains the above change.
_______ _ __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) AR20100011560
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ABCMR Record of Proceedings (cont) AR20100011560
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