IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012294
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 as "XXX-XX-8XXX" instead of "XXX-XX-7XXX."
2. He states the incorrect social security number is entered on his DD Form 214.
3. He provides copies of his DD Form 214, a DD Form 215 (Correction to 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. A review of documents contained in his military personnel records shows his social security number consistently appears as "XXX-XX-8XXX" throughout his tenure of service.
3. Item 32 (Remarks) of his DD Form 214 shows his social security number as "XXX-XX-7XXX."
4. He provides a copy of his social security card issued by the Social Security Administration showing his social security number as "XXX-XX-8XXX."
5. He also provides a copy of a DD Form 215, dated 3 March 2010, which corrected his DD Form 214 by adding several awards and decorations. This form makes no reference to his social security number.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and social security number of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his social security number as "XXX-XX-8XXX" was carefully considered and determined to have merit.
2. The evidence from the Social Security Administration shows his social security number is "XXX-XX-8XXX." Additionally, his social security number consistently appears as "XXX-XX-8XXX" in his military personnel records. Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "XXX-XX-8XXX."
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 by corrected by deleting from item 3 of his DD Form 214 the entry "XXX-XX-7XXX" and replacing it with the entry "XXX-XX-8XXX."
___________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) AR20100012294
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ABCMR Record of Proceedings (cont) AR20100012294
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