IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013058
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 (SSN) as "XXX-X2-XXXX" instead of "XXX-X9-XXXX."
2. The applicant states his SSN is incorrectly listed on his DD Form 214 with the number "9" instead of the number "2" in the fifth digit. He was denied Department of Veterans Affairs benefits as a result of this error.
3. The applicant provides a copy of a 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. Prior to his enlistment in the Regular Army (RA), the applicant completed a DA Form 3027 (U.S. Army Request for National Agency Check) on 2 January 1966 wherein he listed his SSN with the number "2" in the fifth digit.
3. He also completed a DD Form 398 (Statement of Personal History) on 31 January 1966 wherein he listed his SSN with the number "2" in the fifth digit.
4. He enlisted in the RA for a period of 4 years on 31 January 1966. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number; it did not list his SSN.
5. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his service number; it did not list his SSN.
6. On 3 February 1966, he signed a DA Form 41 (Record of Emergency Data) that listed his SSN with the number "9" in the fifth digit.
7. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He was honorably discharged on 20 March 1967 by reason of physical disability. Item 3 (SSN) of his DD Form 214 shows the SSN "xxx-x9-xxxx." He authenticated this form by placing his signature in the appropriate block.
8. The applicant submitted a copy of a social security card that shows an individual with the same name as that of the applicant with an SSN that contains the number "2" in the fifth digit. However, there is no verification from the Social Security Administration of this SSN or name.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his DD Form 214 is incorrect.
2. The evidence of record shows that prior to his enlistment in the RA, the applicant listed his SSN with the number "2" in the fifth digit. Although he used this SSN on other documents throughout his service, he also used an SSN with the number "9" in the fifth digit. It is unclear why he used two SSN's throughout his military service. Nevertheless, when he enlisted he disclosed his SSN with the number "2" in the fifth digit. This should have been the SSN used by Army officials throughout his service.
3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. However, having listed the correct SSN at the time of his enlistment, his DD Form 214 should be corrected to show that same SSN at the time of separation. Therefore, he is entitled to the requested relief.
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 be corrected by amending item 3 of his DD Form 214 to show the number "2" as the fifth digit of his SSN.
___________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) AR20100013058
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ABCMR Record of Proceedings (cont) AR20100013058
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