IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100012506
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 correct social security number (SSN) contains the number "5" as the sixth digit instead of the number "6."
2. The applicant states this error causes problems with identification when he applies for benefits.
3. The applicant provides a copy of his DD Form 214 and a copy of 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 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. Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) on 19 May 1970. He listed an SSN that contained the number "5" as the sixth digit and he authenticated this form by placing his signature in the appropriate place.
3. His records show he was inducted into the AUS on 19 May 1970. His DD Form 47 (Record of Induction) shows his Service Number; it does not show his SSN. However, a handwritten entry of his SSN on the top portion of this form listed his SSN with the number "5" as the sixth digit.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows his SSN with the number "5" as the sixth digit. He reviewed this form at a later date and authenticated it by placing his signature in the appropriate location.
5. He completed basic combat and advanced individual training and he was awarded military occupational specialty 26L (Tactical Microwave System Repairer).
6. On 9 October 1970, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that also listed his SSN with the number "5" as the sixth digit.
7. His records contain various personnel, medical, and legal documents, including a fingerprint card, an application for a military identification card, insurance certificate, reassignment orders, award orders, record of emergency data, and several other documents that listed his SSN with the number "5" as the sixth digit. He authenticated several of these documents by placing his signature in the appropriate blocks.
8. He was honorably released from active duty on 29 January 1972 and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation. Item 3 (SSN) on his DD Form 214 shows his SSN with the number "6" instead of the number "5" as the sixth digit. He authenticated this form by placing his signature in the appropriate block.
9. He submitted a copy of a social security card with his name and SSN, showing the number "5" as the sixth digit.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon induction in the AUS the applicant listed an SSN containing the number "5" as the sixth digit. This SSN is consistent with the SSN listed on various personnel documents throughout his period of military service. It appears his DD Form 214 erroneously shows the number "6" instead of the number "5" as the sixth digit of his SSN. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
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 deleting from item 3 of his DD Form 214 the current SSN and replacing it with a similar SSN that contains the number "5" instead of the number "6" as the sixth digit.
_______ _ _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) AR20100012506
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ABCMR Record of Proceedings (cont) AR20100012506
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